Citations to Discover & Recover Assets in Naples, Florida

What Are Citations to Discover and Recover Assets?

A Citation to Discover and Recover Assets is a legal process used during probate administration or trust litigation to investigate and reclaim property that has been wrongfully taken, concealed, or converted from an estate or trust.

This proceeding empowers the executor, administrator, or trustee — with the court’s approval — to identify missing assets, question involved parties under oath, and take steps to return those assets to the rightful estate or trust.

The goal is not only to locate property but also to ensure fairness, transparency, and accountability during the estate settlement process.

These cases often involve:

• Hidden bank accounts or investment funds
  
  
• Improper property transfers before or after death
  
  
• Misuse of powers of attorney
  
  
• Concealed business interests or ownership shares
  
  
• Real estate or valuables wrongfully withheld by a third party
  
  

Our attorneys at Jostock & Jostock, P.A. are skilled at uncovering financial irregularities, tracing assets, and litigating to recover what belongs to the estate or trust beneficiaries.

When Are Citations to Discover & Recover Assets Needed?

Citations to discover and recover assets are typically necessary when:

1. Assets are Missing or Unaccounted For:
   If certain items, accounts, or investments are not disclosed during probate or trust accounting, it may indicate concealment.
   
   
2. Suspicious Transfers Occurred Before Death:
   Sometimes, individuals with access to a decedent’s finances — such as caregivers, family members, or business partners — transfer assets shortly before death. These transfers may be challenged under a citation.
   
   
3. A Fiduciary Fails to Disclose Assets:
   Executors, trustees, or agents under power of attorney have a legal duty to disclose all property belonging to the estate. Failure to do so may justify a citation action.
   
   
4. Beneficiaries Suspect Wrongdoing:
   Beneficiaries have the right to question and verify how estate or trust assets are being managed. A citation allows them to formally request an investigation.
   
   

These cases often arise from breach of fiduciary duty, undue influence, fraud, or theft — all of which can significantly reduce the value of an estate if not promptly addressed.

How the Process Works

A Citation to Discover & Recover Assets begins when an executor, administrator, or interested party files a petition with the probate court. Once the court grants the petition, the respondent (the person believed to possess or conceal assets) must appear and answer questions under oath.

The process typically involves:

1. Filing the Petition:
   The attorney prepares a detailed petition explaining what property is missing and why recovery is necessary.
   
   
2. Issuance of the Citation:
   The court issues a citation ordering the respondent to appear and provide testimony or documentation related to the assets.
   
   
3. Discovery Phase:
   The petitioner’s attorney conducts an investigation, which may include document subpoenas, financial records review, and depositions.
   
   
4. Court Examination:
   The respondent is examined under oath regarding their knowledge or possession of the estate’s assets.
   
   
5. Recovery of Property:
   If the court determines that the property rightfully belongs to the estate, it can issue an order compelling the respondent to return or account for it.
   
   

This process is both investigative and judicial, meaning it not only seeks information but can also result in the recovery of funds or property through court order.

How Jostock & Jostock, P.A. Helps

At Jostock & Jostock, P.A., we have extensive experience handling citation cases for both estate representatives and beneficiaries in Naples and across Florida. Our approach combines strategic investigation, legal precision, and assertive advocacy.

Our services include:

• Evaluating potential asset concealment or misuse
  
  
• Filing citation petitions with the probate court
  
  
• Conducting financial investigations and tracing transactions
  
  
• Examining witnesses under oath to uncover hidden information
  
  
• Litigating for asset recovery and damages where appropriate
  
  
• Advising fiduciaries on compliance with disclosure and reporting requirements
  
  

We work closely with financial experts, forensic accountants, and investigators to ensure no asset goes unnoticed. Whether the property involves bank accounts, real estate, business holdings, or personal valuables, we pursue every available avenue to recover what rightfully belongs to the estate.

Estate Planning Attorney Naples

Our firm has represented clients in a wide variety of asset recovery situations, including:

• Misuse of joint bank accounts where one party withdraws funds after death
  
  
• Unauthorized property transfers made using a power of attorney
  
  
• Hidden ownership interests in corporations or limited liability companies
  
  
• Transfers made under undue influence when the decedent lacked mental capacity
  
  
• Failure by a fiduciary to disclose or properly distribute estate assets
  
  

Each case presents unique legal and emotional challenges. Our attorneys approach every matter with sensitivity, professionalism, and a commitment to securing justice.

Why Prompt Legal Action Matters

Delaying action in asset recovery cases can lead to serious consequences. Assets can be dissipated, records can disappear, and evidence can become harder to obtain.

By initiating a Citation to Discover and Recover Assets promptly, you help preserve the estate’s integrity and protect beneficiaries’ rights. Florida courts expect fiduciaries to act diligently — and failing to do so can expose them to personal liability.

Our firm acts swiftly to secure evidence, file necessary petitions, and protect your interests through every stage of the process.

Why Choose Jostock & Jostock, P.A.?

• Decades of Experience: Our attorneys have deep experience in Florida probate and trust litigation, including asset recovery.
  
  
• Tax and Financial Knowledge: We understand the intersection between probate law, taxation, and financial transactions.
  
  
• Thorough Investigation: We collaborate with forensic accountants and financial professionals to uncover hidden assets.
  
  
• Proven Results: Our firm has successfully recovered misappropriated property and resolved complex estate disputes for clients across Naples and beyond.
  
  
• Client-Centered Representation: We prioritize transparency, communication, and personalized legal strategies.
  
  

When you choose Jostock & Jostock, P.A., you gain a trusted advocate dedicated to protecting your loved one’s legacy and ensuring accountability in every transaction.