QUESTION
I am Interested Party in a Probate case filed in 2007. No Personal Rep so Ad Litem was appointed in 2009. Ad Litem then served Notice to Creditors..
Asked on Jan 20th, 2013 on Wills and Probate - Florida
More details to this question:
1 month after notice, my attorney informed me of 3 yrs unpaid tax on real property (house). He advised me to pay taxes to avoid losing asset. I paid Prop Appraiser & my atty filed claim against Estate. No recorded objection to claim but I just found out in 2013 that claims must be filed w/in 2 yrs of death of deceased. Can I sue my atty for malpractice for ill-advising me? I'm out $13000+ on the taxes & even more on his fees. Add to that, I am now unemployed, in debt & nearly bankrupt.
2 ANSWERS
Probate & Trust Attorney serving Inverness, FL
at
My Florida Probate, P.A.
Update Your Profile
You should argue that you are not a creditor of the estate but rather you paid an expense of administration to preserve an asset.
Answered on Jan 21st, 2013 at 2:09 PM
2 Awards
I'm not sure why you lost the value. Was the house sold? Even though you paid the property taxes? What happened to the other assets in the estate? I could possibly help if you can supply more information.
Answered on Jan 20th, 2013 at 12:31 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship