How To Object To Probate
When you are grieving the loss of a loved one, the last thing you want to do is deal with the court system. However, the law in Florida requires a decedent’s estate to pass through probate, which is a process that distributes the assets of the decedent. Sometimes, disputes can arise regarding the assets in a person’s estate when they are not properly distributed. If you believe there is an issue with how your loved one’s assets are being distributed, it is important to contact a St. Petersburg probate litigation lawyer right away.
When Do You Need to Object to Probate?
You have the right to object to probate while your loved one’s estate is being distributed. One of the purposes of probate is to deal with any objections in the different stages of the distribution process. These objections must be handled before the estate can be administered and closed. If you have a legitimate reason for objecting to the way assets are being distributed, you have the right to do so. Common reasons for object to probate are as follows:
- You disagree with a payment made to a creditor that filed a claim against the estate,
- You disagree with the chosen personal representative,
- You believe the personal representative is not managing the assets within the estate properly, and
- You do not believe specific estate planning documents are valid.
The above are just a few reasons you may need to object to probate. Any time you disagree with probate proceedings, it is important to speak to an attorney.
Who Can Object to Creditor Claims?
Personal representatives have a duty to notice any of the decedent’s creditors who may have a possible claim regarding the debt the decedent owed them. Any person with an interest in the estate can object to these claims. For example, if you disagree with a creditor’s claim and are a beneficiary of the estate, you can object to it even if the personal representative does not.
How to Object to Probate
Before objecting to probate, it is important to speak with an attorney who understands probate law. A lawyer can identify the claims you can object to and will build the strongest case for you. Objecting to probate begins with filing a petition that outlines the reason for your objection. There are also many procedural rules you must follow for the court to accept and hear your claim. A lawyer will advise on what these procedural rules are, and inform you of any time limits on your case that may bar you from objecting to probate.
Call Our Probate Litigation Lawyer in St. Petersburg Today
If you are objecting to probate, do not do it without the help of a St. Petersburg probate litigation lawyer. At Legacy Protection Lawyers, LLP, we are dedicated to helping you protect your loved one’s legacy, as well as your own right to object. Call us now at 727-471-5868 or contact us online to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html
