Why All Probate Lawyers Should Also Be Concerned About Foreclosure

Creditors claims in Florida probate litigation can get complicated.  Estate lawyers in Florida know that creditors will go after every cent they can and sometimes debts that they cannot. Has your Florida trust lawyer explained the importance of standing when a third party creditor tries to foreclose on probate or trust funds? Check out this recent case out of the Fourth District Court of Appeal to learn more. 

Foreclosing on Trust Funds or Probate Assets

• Just because an estate is in probate or funds are held in trust does not mean that aprobate litigation attorney cannot foreclose on the asset.
• In fact foreclosure calendars sometimes can move faster than the probate calendars!
• Have you talked to your Florida probate lawyer about estate assets that are subject to a mortgage or other secured instrument?
• These can be foreclosed upon if you as the Florida personal representative are not taking care to pay the creditor.
• Can they choose to foreclose simply by the fact that the main debtor has passed away?
• You may want to talk to a Florida estate lawyer if that is your concern.
• Probate attorneys Florida know how to protect assets that are held in trust or in the probate estate from creditors wherever possible.
• For example there may be a valid affirmative defense by way of who is actually foreclosing.
• Want to learn more?
• Check out this case out of the Fourth District Court of Appeal to learn more.

Morris v. Deutsche

• This was a standard foreclosure action in West Palm Beach’s Fourth District Court of Appeal.
• The bank had moved for summary judgment.
• Estate lawyers in Florida can tell you that summary judgment is a big deal and could cost you your right to a jury trial in a probate lawsuit. 
• The problem here was that summary judgment was not proper as there was a valid affirmative defense.
• This is just one way the Florida probate litigation lawyer can prevent a foreclosure of valuable assets.

Want to learn more?

Check out the entire case by clicking here. 

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