Legal Question in Wills and Trusts in Florida

The probate judge closed probate due to time delay.Can creditors come after the Personal rep for collection of bills not filed as liens on property sold while not in probate

Asked on 8/12/13, 9:05 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Yes the personal representative has some responsibility for bills not paid with probate assets especially if that property was sold after the probate ended AND yet was owned by the Probate Estate.

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Answered on 8/12/13, 9:45 am

Dean Bress Bress Law Firm

What do you mean by closed probate due to a time delay. A delay of what? There is a procedure that PRs must follow in the course of handling a probate (actually the attorney does the work). Notice must be given to those creditors who the PR knows about and then there is a publication requirement for creditors who are unknown. If a creditor does not notify the PR before the estate is closed and within the statutory time limits, the PR cannot be expected to hold onto estate assets forever. If the estate was properly closed, then the PR cannot be held responsible if he or she followed the required procedures.

So I go back to my original questions and maybe I will understand your question a little better.

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Answered on 8/12/13, 2:32 pm

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