Legal Question in Credit and Debt Law in Florida
death
do we have to put a ad in the paper to give dads [creditors] a chance to get thier money,if he owes any monet
2 Answers from Attorneys
Re: Publication upon Death
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
When a person dies, an estate is filed. If the value of the estate is over a certain amount formal administration is required. Publication of a Notice to Creditors
is required to extinguish any debts. Any creditor must file a claim withing 90 days of the first publication or it is barred. If you do not file an estate or if you file but fail to publish for any reason, then claims are valid for up to two years from the date of death.
Scott R. Jay, Esq.
Re: death
The notice that is published is to protect the estate from claims. It shortens the period of limitations to make a claim against the estate.