Legal Question in Wills and Trusts in Florida
Motion to allow late statement of claim
As part of my divorce settlement, I paid alimony every other week. I found fortuitously on April 2 that my former wife had died on January 30, 2004. I had made five alimony payments before learning of her death. She had no will. I didn't know about probate until after the probate time ended: started April 15 & ended on July 15. However, the probate is not closed and the executor has requested an extention for ending probate. Can I file a motion to allow a late statement of claim for the alimony payments paid to the estate after my former wife's death? If so, is there a particular form required to file a motion or do you write a matter of fact pleading to the probate court? This occured in Polk County, Florida.
1 Answer from Attorneys
Re: Motion to allow late statement of claim
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.
It is difficult to answer your question without more information being provided. One would have to guess that someone cashed the checks you sent for alimony which would appear to be improper.
I believe that you should file the claim even if the claims period has expired. As long as the estate remains open, you will have the opportunity to have a hearing and try to convince the Court that the Personal Representative had the affirmative obligation to notify you of your former wife's demise by actual notice which apparently was not done.
I strongly suggest that you retain the services of a qualified probate attorney to represent your interests. You may even be able to get the Court to order the estate to pay for this fee if the Personal Representative negotiated the alimony payments made after the death of your former wife.
Scott R. Jay, Esq., 305-249-8000
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