Legal Question in Wills and Trusts in Florida
Suing an Estate
My mother died in 2006. The money left was in a joint account and was used for her burial. An ambulance company is now suing her estate for a sum of money. There was no will. Does this company have grounds on which to sue.
Asked on 6/19/09, 7:04 pm
1 Answer from Attorneys
Lawrence Tolchinsky
Sackrin & Tolchinsky, P.A.
Re: Suing an Estate
A creditor of your mother has the right to file a claim in the Probate estate. If the personal representative does not believe the claim is a valid claim, then he/she can object to the claim. It does not matter if there is a will or not. The only assets that go into a probate are assets that your mother owned in her name alone. If the joint owner was alive when your mother died, then the joint owner owns the assets and they are not subject to creditor claims.
Answered on 6/20/09, 12:24 am
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