An individual’s debts do not “go away” when they die. Creditors are generally entitled to payment from assets within the deceased’s estate. Resolving creditor balances is one of the most important parts of probate. While all legitimate debts must be paid, it is crucial that challenges be brought against debts when possible. Such challenges may be based on a debt being stale or there may a legitimate dispute over how much is actually owed. Resolving the estate’s debts, for as little as possible, increases the amount of inheritance due to the heirs. An experienced attorney can help the estate’s personal representative with this process. Lindsey Gardner Shneyder is a Melbourne probate lawyer who assists with handling creditor claims. Contact us online or by telephone to schedule an initial consultation.
Attorney helping Florida executors and estate administrators to deal with creditors
Creditors have a limited time to make a claim against an estate after probate has been opened. Any legitimate debts must be paid from an estate’s assets and remaining funds will be distributed to the heirs once these debts are satisfied. Many debts, such as loans from a bank, are easily documented and have a clear balance. There are other times, however, when a creditor may be making a claim even though the statute of limitations has expired on the debt. Also, some creditors may make a claim for an incorrect amount, based on fraud or poor bookkeeping. Challenging debts, when possible, can increase the amount of inheritance the heirs will receive.
Creditors must file their claims against an estate within three months of the time that the first publication of notice to creditors is issued. If notice was served directly on the creditor, then they must file their claim within thirty days of the date of service. If the creditor does not bring a claim within this time frame then they are barred from doing so. A personal representative, or any interested party, may file an objection to the creditor claim. This must be done within thirty days of the time that the claim is received or no later than four months after the first publication of a notice to creditors. If an objection is filed then the creditor may either file a case to pursue the claim or they may abandon it.
Lindsey is an attorney who assists Florida executors and estate administrators in dealing with creditor claims. She will analyze each claims to see whether there is a legitimate basis to dispute it. In some situations, a possible dispute may result in the creditor being willing to receive a lesser amount without an objection actually being filed. We will analyze each claim against the estate to ensure that the requested amounts are not inflated and to determine whether a claim may be past the statute of limitations. It is our goal to ensure that the heirs receive the greatest possible amount. Contact us online or by telephone today.
Melbourne estate attorney working to gain the heirs the largest possible inheritance
Lindsey begins each and every case with the goal of gaining the heirs the largest possible inheritance. This is why she thoroughly analyzes all claims made against the estate. She will be in regular discussions with you as the matter moves forward and will keep you up to date as to whether a challenge is necessary or whether some debts may be settled for less than their face value. We work to provide the highest level of service and we look forward to speaking with you.
In addition to Melbourne, our attorney also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.