Legal Question in Wills and Trusts in Florida
how to collect the money
hi would love to know what to do now. i took care of a lady for 3 yrs, she had no children and no family. her pr was her step daughter in law.who didnt care about her hardly ever came to visit ect.I was her everything along with her cats.6 days before she died she gave me 2 checks one was for 50,000 which she gave me because she knew i was going to be out of work. she told me to cash that in right away. the other check was for 200,000 which she told me to wait till i found a house to buy. well i waited for a month and went to deposit it. the account was closed and the trustee is merrly lynch. they told me they couldnt cash the check because it wasnt mentioned in her will. now here i am with a worthless check. doesnt this check have to be honored or am i oput of the money.. ps i also have her beloved cats . what can i do. the woman had close to 5 million dollars when she died. oh before i forget she died 6 days after writing the checks if that makes a difference. ty for any help i can recieve.
3 Answers from Attorneys
Re: how to collect the money
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.
You have several options. First, you may file a claim against the estate. If you do, you must then have a hearing scheduled immediately otherwise the claim will be barred as a matter of law.
Second, you can file a will challange. By filing an adversarial action against the estate, you will get the attention of the other heirs and delay their inheritance. Often, they will offer to settle with you in order to avoid any further delay.
I strongly suggest you consult with a probate attorney who can review your situation and help you acheive your goals.
Scott R. Jay, Esq., 305-249-8000
Re: how to collect the money
You should make a claim as a creditor of the estate. Good luck.
Re: how to collect the money
You can file a claim against the estate. However, keep in mind, based on the facts it sounds like the checks issued were solely gratuitous in nature (gifts) and not a result of a legally enforceable contract. I strongly recommend you consult a probate attorney to review your options. You should act immediately since time is of the essence in filing a probate claim. Good luck to you.
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