Probate Lawyer in Boynton Beach

Boynton Beach, Florida is a city in Palm Beach County. At the 2010 census, its population was 68,217. According to the University of Florida, Bureau of Economic and Business Research in 2017, the population had increased to approximately 73,992. Boynton Beach is a main city of the Miami urban region. The city was originally founded as Boynton Settlement in 1895, which was named after Nathan Boynton, an ex-U.S. Civil War major who visited the area a year earlier. In 1920, it was incorporated as the Town of Boynton. Eleven years later, part of the town had split. This part was renamed Ocean Ridge in 1939 while the remainder of the area assumed the name of Boynton Beach two years later.

What Occurs if the Florida Estate’s Personal Representation Improperly Provides Notice to Creditors?

Florida Statue 733.2121 and Notice to Creditors

If you are acting as a Florida estate’s personal representative, you must obey Florida statute 733.2121. Thus, as a personal representative, you must appropriately issue Notice to Creditors and make a meticulous examination to verify creditors. To make certain that the Notice to Creditors is appropriately issued, it is imperative to examine the whole, pertinent statute and talk to your Florida estate lawyer.

Once the personal representative has delivered Notice to Creditors, a clock starts to tick for the creditors who want to file a claim. Thus, if you think that you have claim against a Florida estate, it is imperative to hurry up. According to Florida Statue 733.702(1), creditors must file any claim statements against the deceased person’s estate within three months of the initial publication of the notice to creditors or thirty days of provided with it, whichever comes later.

Palm Beach probate attorneys understand that any claim not filed within that time is stopped unless the court agrees to an extension according to 733.702(3), Florida Statutes (2012). Extensions can be permitted on the ground of fraud, estoppel, or inadequate notice of the claims period. Thus, if a Florida estate’s personal representative fails to appropriately notify a somewhat ascertainable creditor, then that creditor could file a claim even past the deadline.

Latest Florida Creditor Claim Lawsuit

Cantero v. Estate of Caswell, an October 2, 2019 Third DCA opinion, is an excellent example of a case involving an inopportune creditor claim. In this case, a supposed creditor filed a claim four months after the creditor claim period had expired. He maintained that he was a sound, ascertainable creditor who did not get personal service of Notice to Creditors as he ought to have. Thus, because of the failure of the personal representative to offer him with appropriate notice, his claim ought not to be stopped due to time. This supposed creditor was maintaining that he was permitted all the transaction earnings from the deceased person’s property.

The trial court decided that the personal representative had obeyed the statue and neither the personal representative nor his lawyer were on definite notice of this supposed creditor’s interest in the property or claim. Thus, since it was file inopportunely, the claim of the supposed creditor was stopped. The Florida appellate court upheld the decision.