Legal Question in Wills and Trusts in Florida

Does signing notice regarding claim by personal representative individually, replace the Waiver of Notice of Administration? How long after death does one have the right to probate the will? When does a document become legal? I feel the executor may be saying and changing thing to their advantage. Thanks. CC


Asked on 6/26/11, 1:06 pm

2 Answers from Attorneys

A Notice of Claim by a PR is a Claim against the Estate. The PR either has advanced monies or intends to pay something they believe is a claim against the estate.

The Waiver of Notice of Administration is signed by someone entitled to receive the Notice and is waiving off the service of it, plus those rights in the Notice.

You can probate a Will years after a death if an asset is found requiring probate. However, after 2 years you need only do a Summary Administration and do not have to do a Formal Administration.

A document is legal until declared illegal. Of course some documents clearly on its face as to be illegal that it is not worth bothering to pursuing it. I think this is what you were asking.

Executors (Personal Representative) have significant powers. Beneficiaries have rights to review and object in court. If you feel that you are being taken advantage of then you should obtain the services of an attorney to make sure you are protected.

Read more
Answered on 6/26/11, 1:20 pm
Michael Sasso M. Daniel Sasso

I'd like to add one more thing to the above answer which may be crucial. In the event that some interested party does open a probate estate, either without a will (intestate) or Testate (filing a Will to be admitted), if no one comes forward prior to the termination and closing of that probate proceeding then the Florida laws do not permit a re opening of the probate even if there be a later will discovered, however there are a few exceptions but most likely would not apply to your situation. In all events carefully examine the document or receipt that was signed to be certain you are not putting too much emphasis on the caption or title to the document rather than to any and all waivers that may be contained in the body of the document which would control.

Read more
Answered on 6/27/11, 6:40 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida