Creditor Litigation

Probate is not only for the benefit of a decedent’s heirs, but also for the benefit of the decedent’s creditors. 

If a decedent dies with unpaid medical bills, credit card bills, or any other obligations, the personal representative must provide each of them a Notice to Creditors, by certified mail. 

The personal representative must also publish a Notice to Creditors in the legal notices section of a local newspaper. 

Creditors are given 90 days in which to file a claim in the court probate file.  The personal representative can agree that the claims are legitimate and should be paid, or can object to them. 

If an objection is filed, the creditor must file an independent action against the estate within 30 days. 

What is the Uniform Anatomical Gift Act?

December 18th, 2019|

What is the Uniform Anatomical Gift Act? Originally established in 1968, the UAGA has undergone multiple revisions, more specifically, they were in 2006 and 1987. The law's implementation followed on the heels of a very [...]

Tortious Interference in Florida Probate

December 18th, 2019|

Tortious Interference in Florida Probate Tortious interference with regards to inheritance law is one of the most important classifications to keep in your back pocket when enduring a FL probate case. It occurs if one [...]

Undue Influence and How it Occurs

December 16th, 2019|

Understanding Undue Influence and How it Occurs If there is an existing relationship between two people, and one of them uses that as leverage to influence the other’s decisions, then that is considered undue influence. [...]

Florida Last Will and Testament Requirements

November 15th, 2019|

Florida Last Will & Testament FAQ A will is a vital document that ensures those left behind are saved the trouble of financial hardships and uncertainties. A will prevents endless fighting over assets by outlining [...]

Florida Probate Rules & Property Disputes

November 2nd, 2019|

Probate & Property Battles Upon Death When someone dies, it’s customary that his or her assets undergo a court-supervised process called probate. In probate court, the estate is verified and administered to be justly distributed [...]


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