Don’t Let Family Politics Cost You What You’re Owed: Protecting Your Inheritance Rights in Florida

Losing a loved one is hard enough without wondering whether you’ll actually receive what they intended to leave you. Unfortunately, inheritance disputes are common, whether they stem from a poorly drafted will, a sibling who was named executor and isn’t communicating, or outright suspicion that someone influenced a parent’s final wishes. If you’re worried about protecting what’s rightfully yours, understanding your options and getting guidance from experienced Fort Lauderdale probate litigation attorneys can make all the difference.

Know Your Rights as a Beneficiary or Heir

Florida law outlines specific protections for people entitled to an inheritance. If you’re named in a will, you generally have the right to receive notice that probate has been opened, to review the will and estate inventory, and to receive an accounting of how the estate is being managed. If someone dies without a valid will, Florida’s intestacy laws determine who inherits, typically starting with a surviving spouse and children.

Surviving spouses also have a separate protection worth knowing about. Florida allows a spouse to claim an elective share of the estate rather than accept what a will provides, if that amount would leave them with less than the law allows. Under Florida Statutes Section 732.2065, the elective share generally amounts to 30 percent of the elective estate. This exists precisely because family situations don’t always play out as expected, and spouses shouldn’t be left with nothing.

Watch for Warning Signs

Certain situations should raise a red flag. These include:

• A will that was changed shortly before death, especially in favor of a new caretaker or acquaintance
• An executor who refuses to provide financial information or updates
• Assets that seem to have disappeared from the estate
• A decedent who was isolated from family or appeared to be under someone else’s control near the end of life

None of these automatically mean wrongdoing occurred, but they are common patterns in cases involving undue influence or mismanagement.

Steps You Can Take

If you believe your inheritance rights are being threatened, timing matters. Florida imposes strict deadlines for challenging a will or objecting to how an estate is handled, and missing those windows can mean losing your ability to act altogether. It’s also important to gather documentation early, including prior versions of a will, medical records if capacity is in question, and any communications that might shed light on what happened.

Because these matters often involve emotionally charged family dynamics, having a knowledgeable third party review the situation can help you see the legal issues clearly, separate from the personal history involved.

Protect What You’re Entitled To

Inheritance disputes rarely resolve themselves, and waiting too long to act can permanently limit your options. If you have concerns about a will, an estate’s administration, or your share as a surviving spouse, our Fort Lauderdale probate litigation attorneys can review the details of your situation and explain the paths available to you. Contact Edward J. Jennings, P.A. today to schedule a consultation and find out how we can help you protect your inheritance.

Source:

flsenate.gov/Laws/Statutes/2025/0732.2065