Florida probate law says that a personal representative of a Florida estate SHALL “publish a notice to creditors” promptly.
WHO IS AN ESTATE CREDITOR ?
- OK, i get that.
- A personal representative has a fiduciary duty to everyone interested in the Florida estate—including someone who is owed money from the estate or who has rights in the estate. I get that .
- After all, the dead person (decedent)’s debts and expenses should be paid, right?
- And, under Florida probate law, all “expenses of administration” and all “debts” and “obligations” of the estate get paid 1ST
- Before any estate beneficiaries see a dime in an inheritance
How Do You Know if You Are a Creditor of a Florida Estate?
- So, you may need to figure out whether you a creditor of the Palm Beach probate or the Florida estate
- Why? Because you may get a notice in the mail that talks about a very short time period, like 3 months, to file a claim
- What’s a CLAIM in a Florida estate and how do I know if I have one?
- Good question.
- Don’t forget….. if someone dies, you may not get ACTUAL notice of the estate administration….. the Florida personal representative may PUBLISH a notice to creditors in a local Florida newspaper which you never read
- So, the short of it is this: if you believe you are owed money from the deceased Florida resident, don’t be silent! File a claim! Get involved in the Florida probate administration
Who will guide you ????
Questions For Those Who May be A Creditor of the Florida Estate
Q: Did you loan money to the late executive of Jupiter, Florida?
Q: Did you have business dealings with the deceased Florida resident?
Q: Did you sign a prenuptial agreement with the Boca Raton citizen?
Q: Are you owed money from the deceased person?
- You may be a creditor and you may need to file a statement of claim in the Florida probate (like, right away) or you may never collect.
- Don’t forget: a creditor is different than a beneficiary
- Don’t confuse: you can be a beneficiary and you STILL have to file a statement of claim as a creditor
- Don’t think that just because the person administering the Palm Beach estate, or their probate lawyer, know who you are, that you are protected
- Last thing: remember: Florida probate law does not reward those who sit on their rights…… Florida estate law rewards those who seek to enforce their rights !