The Law Office of My Florida Probate, P.A.
Providing Legal Assistance with Probate throughout Florida.

Unclaimed Funds
FLORIDA UNCLAIMED FUNDS 


"WE'VE LOCATED FUNDS ON YOUR BEHALF..."

If you've landed here odds are high you've been notified that you or someone you're related to is owed funds from Florida. Many times this contact comes from a third party, commonly referred to as 'locator' or 'recovery agent.' Often you are not told 'where' these funds are located, just that for a percentage of the recovery, the informant will offer to obtain the money for you. 


HOW TO FIND YOUR UNCLAIMED FUNDS

Finding Unclaimed Funds At the State Level:

In Florida, most unclaimed funds are held either by the state, or by a county as the result of a tax deed sale. If you've been contacted but don't know specifically where funds are located, the first place to start is at the state level, (click link) Florida's Bureau of Unclaimed Funds.


If you're seeking funds specifically in your name and find them, you'll probably be able to file for a direct recovery. "Found money" is nice!


If, however, funds are being held in the name of an estate for which you are an heir or beneficiary, in all likelihood you'll need a probate court order to collect the funds. There are exceptions to this rule so be sure to discuss it with an agent at the Bureau.


Finding Unclaimed Funds At the County Level :


If you've checked with the Bureau of Unclaimed Funds and nothing turn up, then most likely funds are being held by a specific Florida county as the result of an overbid on property auctioned off for delinquent taxes (also referred to as 'tax deed overbids.'
)

IMPORTANT: As of July 2011, tax deed sale overbid proceeds are held by the County for a period of one (1) year. If these funds are not claimed within that time, they are foreited to Florida's Bureau of Unclaimed Funds. 


There are two ways to determine if money is being held by a county on your behalf or that of someone related to you. First, if you don't know in what county land or property may have been held, you can do a statewide search of all 67 Florida counties at once.


The following site CHARGES you to obtain a detailed record, BUT it will list records for the name you input for all counties in Florida for free.


1. Go here

2. Click the blue 'SEARCH' button in the center of the page.
3. On the page that opens, in the first box entitled, 'Party Name' enter the name.
4. In the 'Document Type' (third box down) scroll and select 'Lis Pendens'
5. Hit the 'Search' button at the bottom of the panel.

Depending upon the name you may get a lot of entries. You can narrow this down if you have a good idea of the county beforehand. If you locate what looks like a record of interest, make note of the information listed and you can then contact that county directly. A list of all of Florida's 67 County Clerk's offices can be found here.


               HOW TO RECOVER YOUR UNCLAIMED FUNDS

Once funds have been located either with the Florida Bureau of Unclaimed Funds or with a specific County, you should be able to apply directly for recovery. You may be able to obtain the funds on your own behalf, but you might be informed that you'll first need to obtain a probate order from the court. If this is the case and you'd like to discuss your situation on more detail, feel free to contact me a free review and flat-fee quote,

                                               


TAX SALE OVERBIDS OWED TO THE ESTATE 

 (NOTE: This is a simplified explanation. If you own Florida property or are an heir to a Florida property with delinquent property taxes, you should consult with an attorney as soon as possible concerning your options.)  

In Florida, when real property taxes go unpaid, counties are required by law to hold a public auction at which revenue is raised by offering tax lien certificates to bidders. Tax lien certificates must be held a minimum of two years before they can be redeemed.

The tax lien certificate that is redeemed is then re-offered by the Clerk of Court's office at a tax deed sale. When this happens, for all intents and purposes, the ownership of the property passes to the highest bidder.  

The amount the winning bid exceeds the back taxes (and other costs) may be, and often is, thousands of dollars in excess of the amount actually owed. This excess is called the "overbid" or "overbid proceeds." Under Florida law, (F.S. 197.582), overbid proceeds are to be paid to the previous property owner.    

If you are an heir and receive notice that overbid proceeds are being held for claim by the estate, you will probably need to pursue a probate action in the county where the overbid proceeds are located. Once the probate action is completed, the county attorney will review your claim and authorize release of the funds by the Clerk of the Court's office.

If you have received a notice from a Florida County Clerk of the Court that tax sale overbid proceeds are being held for claim by an estate and would like to discuss your situation as well as our fees for your case, please complete a Free Case Review and Flat-Fee Quote evaluation, below:



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