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I have passed the statute of limitations in Florida to open up probate to get back tangible personal property.. How can I then

Miami, FL |
Filed under: Lawsuits and disputes

do a civil action suit in Florida? It is approximately 5 years of attempting to retrieve personal property from family members but to no avail. What are my options.

Attorney Answers 3


There is no specific statute of limitations to open up an estate and probate property. However, from a practical standpoint, since you reference that it was tangible personal property, it would be very difficult to locate and administer the property. If you are able to establish true ownership of personal property - i.e. via appraisals or ownership documentation, I would attempt to probate and/or civil suit for theft and conversion of property. Was there fraud which caused the delay in the opening of the estate?

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At least set up a conference with Ms. Consuegra to see what your options are.

R. Jason de Groot, Esq., 386-337-8239

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Probate may be your best option as there is a statute of limitations for filing a civil theft suit in Florida. However, as already stated, there are roadblocks in your way, such as locating the property, determining ownership of the property (as it is tangible personal property), and others. The cause may not be worth pursuing unless the property is particularly valuable or holds a very high sentimental value to you personally. A consultation with an attorney who can explain your options in greater detail may be advisable.

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