Legal Question in Wills and Trusts in Florida

Statement of Claim?

When my father died, he left stocks to my brother and I. They were in an ''and'' account. My brother received all info regarding them. My brother passed away De. 3, 2006. Since his death, I have discovered that he cashed in the stocks, without my knowlwedge, forging my signature and having the money wired into his bank account. No will was supposedly found by his son, so he gets everything after probate. Am I entitled to my portion of the stock money and am I allowed to enter a Statement of Claim? If so, how do I go about that?


Asked on 2/13/07, 8:30 am

3 Answers from Attorneys

Michael Stewart Michael D. Stewart

Re: Statement of Claim?

You should get a lawyer for this one.

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Answered on 2/13/07, 8:37 am

Re: Statement of Claim?

You have to file a claim against the estate. If the estate objects to your claim you will have to bring a law suit to enforce you claim. I believe you could get a claim form off the internet, but I would suggest you seek the help of an attorney.

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Answered on 2/13/07, 10:48 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Statement of Claim?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Based on the information you have provided, I would say "Yes". You should definitely file a claim against the estate. Realize that by doing so, you will ruin any relationship you have with your nephew.

A challange to an estate will often get quite nasty. If and when your nephew objects to your claim, a lawsuit must be filed to contest the probate. You will need a qualified attorney to represent you on this matter.

Scott R. Jay, Esq.

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Answered on 2/13/07, 12:26 pm


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