If you are owed money from a person in Florida who is now deceased, you may want to talk to a Florida probate attorney about how you get paid? Why? Well, you are a creditor to the Florida probate. That means that you may have only between 30 days to 2 years to file your claim depending on any number of circumstances. But don’t wait. Call an estate lawyer now because the statutes and rules for claims of creditors or statements of claims for creditors of a Florida probate are so intricate, you need to get your arms around them right now.
How do I file a claim in a Florida Estate?
- First of all, you should know the Florida Probate Rules for creditors.
- Here is a free copy of the Florida Probate Rules that you and your estate attorney need to understand:http://www.floridabar.org/TFB/TFBResources.nsf/0/6C2FEF97C5969ACD85256B29004BFA12/$FILE/Probate.pdf
- There are specific rules for filing a claim, and when you can file a claim. Your Palm Beach probate attorney should be familiar with these.
- Next, understand that the Probate Rules are NOT the Probate Code or the Florida Statutes under, say, Chapter 733. The Florida statutes need to be understood if you are a creditor of an estate.
- Here is a link to read the Florida Probate Code on creditors of an estate:http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733PartVIIContentsIndex.html&StatuteYear=2015&Title=%2D%3E2015%2D%3EChapter%20733%2D%3EPart%20VII
- Understand that if you are owed money from a person who died, then you are a creditor.
- Also, if you are owed money, property or an obligation from the deceased person, such as from a contract or a judgment or order or a marital settlement agreement, or under a prenuptial agreement, you are a creditor.
- So, you may need to talk to your Palm Beach divorce attorney, or your contract lawyer onhow to handle your claim in the estate. They can work with a Delray Beach estate lawyer if they don’t handle estate claims.
- Now, last October, 2015, there was a HUGE estate creditor case from the Florida Supreme Court that you HAVE to read. Why?
- Well, if you are given actual notice, like, a letter or a “legal notice” about filing a claim in an estate, you may only have 30 days or 3 months to file a claim. It depends.
- And this short statute of limitations for creditors in a Florida estate cannot be extended except by court order based upon fraud, estoppel or insufficient notice.
- And, it kind of gets worse: if the person who owes you money or something died more than 2 years ago, you are out of luck if you did not file a claim within 2 years of death.Why?
- Because the 2 year statute is a non claim statute, a statute of repose that cannot be extended.
- 30 days to file a claim? 3 months? 2 years? Kind of confusing, right? Ask your estate lawyer about how much time you have to make your probate claim in Palm Beach Gardens, Naples, Florida or Stuart.
- Read the Golden v. Jones case: http://www.floridasupremecourt.org/decisions/2015/sc13-2536.pdf