Legal Question in Wills and Trusts in Florida

Re: florida probate credit claims

You should claim against the estate since you are not a mere creditor of the decedent (though you may be, since it was a friend of 35 yrs), you have paid the funeral expenses, which have a higher priority under Florida law. Normally, a true "creditor's claim" is one that arose prior to death.

Re: florida probate credit claims

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.

To protect yourself, you should file a Statement of Claim which is Form No. 3.1010. Most offices of the Clerk of the Court will have copies available. The court might accept a letter as a claim, but I would not guarantee that.

Alternatively, you might wish to engage an attorney to file your claim. The cost should be relatively small and it would ensure that your claim is properly filed and paid.

Scott R. Jay, Esq.

Re: florida probate credit claims

There are appropriate forms for you to file within the time required.