Did you loan money to someone who passed away before paying you back? Fortunately, this does not mean that the debt died as well.
- In circumstances like these, you would want to file a claim against the estate as a “creditor” to the decedent.
- The claimaint of the creditor cliam must first file in the Florida probate court.
- Note that the creditor claim must be filed in a timely manner. The latest that a creditor claim can be filed is two years from the date of death of the decedent.
- However, an earlier deadline could apply if a “Notice of Creditors” listing is published in the local newspaper. In this case creditors would have a three month deadline to file a creditor claim on the Florida probate estate.
After the timely filing of a Florida creditor claim, the executor of the probate estate has 30 days to object to the claim. If an objection is filed, the creditor will have 30 days within which to file an “independent action” against the estate. An independent action in Florida is a lawsuit filed in theFlorida circuit court against the estate by the creditor.
Many types of recovery suits can be brought against a probate estate through a creditor claim and/or independent action:
- Monetary debts of the decedent, including unpaid mortgages, medical debt, etc.
- Breach of contract claims.
- Tort claims, such as damages from a slip and fall case or a car accident.
- Unpaid alimony
- Unpaid child support
Was your ex late on child support or alimony when he or she died in Boca Raton? Did your friend pass away in Fort Lauderdale without ever paying back that loan? Palm beach probate ltigation attorneys know that, the best thing you can do now is to open a Florida creditor’s claim against the estate and get your money back!
See http://www.pankauskilawfirm.com/ for videos and information on Wills in Florida, Florida Trust Law, Estate Planning, and Estate Administration in Florida.