New Third DCA Case: Is a Pending Tort Action Grounds to Make Someone a “Reasonably Ascertainable Creditor” in Probate?

If you are a creditor of an estate in West Palm Beach listen up because  this message is for you. Did you know you may have only a few months to file a claim against an estate after a debtor passes away? Do you know what kind of notice the Courts assure you will get? What is the difference between a “reasonably ascertainable creditor” and other creditors? Check out this recent case to find out.

Notice to Creditors

• In West Palm Beach a personal representative has a duty to notify creditors.
• But what does that mean?
• The representative of the estate has a two different duties depending on what type of creditor you are.
• For example if you are a reasonably ascertainable creditor then the personal representative has a duty to personally serve you with notice that the estate is being administered in West Palm Beach.
• On the other hand what are you if you are not reasonably ascertainable?
• Then you constitute a conjectural creditor.
• What duty does the personal representative have to conjectural creditors?
• Ironically all the personal representative has to do is circulate a notice in the newspaper.
• Are you checking the newspapers looking for recent deaths and notices of administration?
• How can you know whether or not you are reasonably ascertainable or merely a conjectural creditor?
• This case out of the Third District Court of Appeals highlights how difficult of an issue that could be.

Soriano v. The Estate of Manes

• This was an appeal from the trial court’s determination that the plaintiff was a conjectural creditor and that notice by publication was sufficient.
• The plaintiff was seeking a judicial determination that she was not given notice or in the alternative a prolonged period to file claims.
• The trial court found that she was given plenty of time and that notice was sufficient and the appeals court agreed.
• Are you unsure of what your status is as a West Palm Beach creditor?
• Experienced Palm Beach probate litigators know the importance of understanding your duties as a creditor to ensure that you are paid.
• Probate courts throughout the State administer the rules and are bound by them, but there are ways to work with the rules to ensure you get what you want.

Want to learn more about determining what kind of creditor you are in West Palm Beach?

Check out the entire case by clicking here.