When your loved one passes away, you may finally learn who is named the beneficiary of their life insurance policy, retirement account, and payable-on-death account. It may not matter to you that you were not the one appointed to these accounts, but it may just bother you who was. That is, you may be greatly suspicious that this appointed individual committed fraud or placed undue influence on your vulnerable loved one. Naturally, you may want to raise your concerns before the Florida probate court. For this, please read on to discover whether you can challenge a beneficiary designation for fraud or undue influence and how a seasoned Broward County estate litigation lawyer at The Probate Lawyers can help you bring this claim forward effectively.
Do I have legal standing to challenge a beneficiary designation for fraud or undue influence?
In the state of Florida, you may exercise your right to challenge a beneficiary designation for fraud or undue influence if you are considered an interested party. Specifically, being an interested party means that you have a legally recognized stake in the outcome of the dispute, not just an emotional or familial connection with the deceased. That is, if the current beneficiary designation is upheld, you may be financially harmed. Examples of commonly recognized interested parties of an estate include the following:
- You were someone originally listed as the beneficiary of these financial accounts.
- You are the surviving spouse of the deceased and have yet to exercise your elective share rights.
- You are the surviving child who would have inherited under the intestacy laws or the will’s instructions.
- You are the personal representative of the estate with legitimate concerns of fraud or undue influence.
- You are the beneficiary of a trust that was intended to receive these assets before an altered designation occurred.
What is the deadline to challenge a beneficiary designation in the state of Florida?
Once you solidify your legal standing, you must not hesitate to initiate your legal challenge. When you challenge a beneficiary designation, it is likely in reference to non-probate assets like the aforementioned financial accounts. Well, even though this is not a traditional will contest with the Florida probate court, your fraud-related civil dispute may still be held to a short filing window. Namely, you may only have three months after the first publication of the “Notice of Creditors” or 30 days after your direct notice.
You may petition the Florida civil court to extend this discovery rule if you can give a reasonable explanation for your lack of knowledge. After all, when fraud is committed, it usually involves a delay in discovery by outside parties. Overall, most claims, including fraud- and undue influence-related ones, are barred after two years from your loved one’s passing. The longer you wait, the more opportunity you give this negligent beneficiary to spend these funds, transfer these funds to a personal account, delete financial records, etc.
To conclude, please prioritize scheduling an initial consultation with a competent Broward County estate litigation lawyer from The Probate Lawyers. We would be honored to represent you in your legal case.
