Late or Missing Distributions and Beneficiaries’ Rights

In Florida, beneficiaries of a Will or Trust have important legal rights, especially when it comes to receiving the property or funds they’ve been promised. While the estate administration process can take time, long or unexplained delays in distributions can raise red flags.

If you’re a beneficiary facing unreasonable delays or missing distributions, have a conversation with a Pompano Beach estate litigation lawyer. There are key things you need to know about your rights and what steps you can take.

Timelines for Distributions and Reasons for Concern

After someone passes away, their Estate must go through a  court supervised legal process called probate. During probate, the personal representative (executor) identifies assets, pays off debts, and distributes the remaining property to beneficiaries according to the Will, or following Florida law if there’s no Will.

There’s no fixed timeline for every Estate, but most personal representatives are expected to make distributions within a reasonable period. This is typically 12 to 18 months for a simple estate. More complex estates may take longer, especially if there are legal disputes, tax issues, or real estate to sell, but all delays must be justified and transparent.

Some delays signal mismanagement or even misconduct. For example, it’s important to watch for lack of communication or failure to file required documents with the court. It is also concerning if an executor refuses to provide accounting numbers or distributions are promised but not delivered.

Legal Steps to Compel Distributions

Often informal requests will resolve an issue, but when they don’t, Florida law gives beneficiaries options to take legal action. These may include:

• Filing a petition for accounting. Should you suspect mismanagement or delay, you can ask the court to compel the personal representative or trustee to provide a detailed financial accounting.
• Petitioning to compel distribution. When distributions are overdue and no reasonable explanation is provided, a beneficiary can file a formal petition with the probate court asking it to order the release of their inheritance.
• Seeking removal of a personal representative or trustee. In cases of negligence, misconduct, or abuse of power, the court can remove the representative and appoint someone else to finish the job.
• Pursuing surcharge or damages. There are ways to make it right when estate assets are mishandled. For one, you may be entitled to seek compensation directly from the responsible party.

When dealing with late or missing distributions from an estate or trust, it’s important not to wait too long. The longer delays continue, the harder it will be to recover what you are rightfully owed. A Pompano Beach estate litigation lawyer can review your case, help enforce your rights, and take legal steps to ensure that the estate is handled properly.

What are your rights as a beneficiary? When you have a right to distributions and they haven’t been received, you don’t have to go through it alone, legal guidance can make all the difference. Have a conversation with the estate attorneys at Mark R. Manceri, P.A. Schedule a confidential consultation to learn more.