Can someone challenge an intestate succession after the estate has already been distributed?
In Florida, someone can challenge an intestate succession after the estate has been distributed in certain circumstances. The most common basis for challenging an intestate succession is if an individual was left out of the estate distribution or if they feel they received less than their rightful share. This type of challenge is known as a “will contest.” When it comes to challenging an intestate succession, it is important to note that there are certain time limits that must be followed in order to bring a claim. Generally, the time limit to contest an intestate succession in Florida is four years after the decedent’s death, unless a shorter time period is prescribed by state law. Additionally, any challenge to an intestate succession must be brought in the probate court of the county where the decedent resided when they died. If someone wishes to challenge an intestate succession after the estate has already been distributed, they must be able to provide evidence that supports their claim. This could include establishing that they were an heir of the decedent, that they were omitted, or that they received less than their rightful share. Additionally, any challenge must meet the statutory standards set forth by Florida law. In conclusion, it is possible to challenge an intestate succession after the estate has been distributed in Florida, provided that certain time limits and procedures are followed. Additionally, the person bringing the challenge must be able to provide evidence that supports their claim.
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