GainesvilleProbate.com » “Quick” Q&A

“Quick” Q&A – “What is the creditor period and why do we need to publish a Notice to Creditors?”

L. Duong — Mon, 21 May 2007 20:26:33 +0000

Doris from New York wanted to know generally how long probate takes and specifically had a question about the creditor period which is required in certain Florida probate administrations:

“Quick” Question

“What is the creditor period and why do we need to publish a Notice to Creditors?”

“Quick” Answer

Under Florida law, the petitioner or personal representative of an estate must publish Notice to Creditors in the appropriate newspaper, to give creditors a chance to make valid claims against the estate for debt that the decedent incurred during his or her lifetime. This creditor period last for 90 days from the date that the Notice is first published.

“In Florida, under F.S. 735.2063 (Notice to Creditors), a Notice to Creditors may be published when an Order (of Summary Administration) has been entered. Once published, claims by creditors who are not known or are not reasonably ascertainable are forever barred unless those claims are filed within 90 days of publication.

Furthermore, F.S. 735.206 (Summary administration distribution) reads that after 2 years from the death of the decedent, neither the decedent’s estate nor those to whom it may be assigned shall be liable for any claim against the decedent, unless proceedings have been taken for the enforcement of the claim.

Laymen’s translation: If it has been less than 2 years since the decedent died, you must publish a Notice to Creditors (in the legal notices section of the newspaper of the appropriate county).

If you publish Notice on Day 1, then you’ve got to hold your breath until day 91 and hope that no creditors file a claim against the estate. Once you’re past this 90 day creditor period, claims are barred.

“Quick” Q&A – “Mom died without a Will, but she really wanted me to have the house…”

L. Duong — Thu, 17 May 2007 00:03:23 +0000

So begins our series of classic “Quick” Questions which we field on a daily basis (“we” means our principal attorney, Long H. Duong in most cases):

Enjoy!

“Quick” Question

“Mom died without a Will, but she really wanted me to have the house. My rotten siblings never took care of her and of course now, they want a piece. What can I do?”

“Quick” Answer

Not much you can do! This is precisely the reason why everyone should have a Last Will and Testament! Florida intestacy statutes are going to grant that house to all of you in equal shares, giving you a tenancy in common interest with your siblings.

Get it probated, and then work out a deal with your siblings as to what to do with it. You could buy them out or have them buy you out. Fight about it and I guarantee it will cost you.

PRESS RELEASE: “Quick” Q&A Feature added to Florida Probate Blog, WeProbateFlorida.com/blog

L. Duong — Wed, 16 May 2007 16:40:42 +0000

PRESS RELEASE:

Attorney Long H. Duong, principal contributor to the WeProbateFlorida.com blog – a blog about Florida probate and estate administration, will begin a new feature addressing a series of classic questions he fields about probate in Florida.

The category title “Quick” Q&A is a bit of a mock on the common client or prospective client question: “Can I ask you a ‘quick’ question (about Florida probate)?”

“There is no such thing as a quick question if it’s coming from a prospective client. That’s why I don’t charge for initial consultations on Florida probate cases. I typically tell them I need the entire picture to understand the issues.”

Mr. Duong was not mocking his past clients, rather, helping them to understand that they weren’t “on the clock” and that they should present the issue in a clear (and concise) manner so he could answer properly.

“As you might imagine, I get the same questions over and over, and I’m happy to answer them, but now we publishing this Q&A on our website, where many of the current and future questions, can be addressed.”

The “Quick” Q&A will feature old questions and new ones that are emailed to Mr. Duong or the blog administrator and should prove to be a popular resource for prospective clients who need Florida probate assistance.