If you are involved in an estate matter and either need to file a claim or defend against a claim, you should speak with a Miami probate and estate lawyer. Since estate claims and litigation matters against an estate can be quite complex, a qualified and knowledgeable Miami probate and estate attorney can represent you in probate court and help resolve the matter.
The following are common types of claims that are made against an estate:
Creditor’s claims for credit card debts and other debts owed by the decedent. Creditors must submit a claim to the executor within the prescribed statutory period in order to collect the debt owed to them by the decedent. The executor must review all claims submitted and either approve or deny the claims. The creditor has the right to go to court and file a lawsuit if the creditor disagrees with the disposition of the claim. The court will make a ruling and determination regarding any litigation filed against the estate. A creditor may not force the estate to sell exempt homestead property.
Will contests are commonly filed when an heir has been intentionally omitted from a decedent’s estate, has been treated unfairly or believes that the will was invalid under Florida laws, there was fraud, undue influence of duress involved. The party making the contest will need to prove their case by obtaining the decedent’s medical records or interviewing the witnesses to the will or the attorney who drafted the will for the decedent to determine the decedent’s intent and state of mind at the time of making the will.
Removal of an executor for breach of fiduciary duty can be brought by any interested party to the estate. Typically, a family member or beneficiary will request the removal of the personal representative of the estate when they have valid reasons to believe that the personal representative is not acting in the best interest of the beneficiaries. Examples of a breach of fiduciary duty occur when the personal representative has a conflict of interest or is receiving personal financial benefit from the estate assets or management of the estate assets. The personal representative may have made bad business decisions causing the estate to lose money and the beneficiaries to receive a lesser inheritance. An executor/personal representative has a fiduciary duty to the beneficiaries to act in a reasonable and prudent manner and can be personally libel to them for financial losses.
Heirs, beneficiaries, interested parties, personal representatives and family members hire a Miami probate and estate attorney to help litigate or defend against a claim in estate litigation matters as well as to assist with routine estate matters. If you wish to speak to a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.