QUESTION
What to do with 3 claims from creditors in Florida Summary Administration proceeding?
Asked on Jun 13th, 2012 on Trusts and Estates - Florida
More details to this question:
Hello, I have worked as a paralegal most of my career and I''m very comfortable with understanding the law. When my mother died intestate, she left behind nothing but her homestead house , the furniture inside it and her clothes. She had no bank accounts, 401k etc., because I was assisting her financially throughout her 2 year battle with cancer.
So, I researched the FLSSI forms and filed a Petition for Summary Administration, Petition for Homestead (I live in the house) and a Petition to Determine Exempt Personal Property. I also published a notice to creditors with the Business Review in Broward County. In addition, I served formal notice to any known creditors via certified mail.
I have received 3 claims. The clerk says the judge will not sign the orders until their is a Release of Claim. What do I do? I am wiling to pay a small fee to attorney to help me.
In about 3 weeks, the 90 day period will be over. HELP!
1 ANSWER
Joseph Pippen
Can't do Summary with creditors.
Need to switch to Formal.
Homestead will not be subject to creditor claims.
You will probably need a probate attorney to handle this.
Answered on Jun 14th, 2012 at 9:21 PM