Objections During Probate

Losing someone you love is one of the hardest things you will ever go through. During this difficult time, the last thing you want to worry about is dealing with the court system. When someone passes away, though, their estate must go through the probate process, which is supervised by the courts. During probate, the property of the decedent is administered and eventually, distributed to beneficiaries. Objections can arise during the process and while they can make the process longer, they are sometimes necessary. Below, our Daytona Beach probate lawyer explains further.

When are Objections Necessary During Probate? 

The probate process has many purposes and one of them is dealing with any objections that arise. You may have the right to object to probate during the distribution of your loved one’s estate and when an objection arises, it must be resolved before the estate can be administered and eventually closed. Some of the most common reasons people object to probate include:

• You do not agree with the choice of personal representative
• You do not agree with a payment made to a creditor that filed a claim against your loved one’s estate
• You have reason to believe the personal representative is improperly managing the property of the estate
• You have reason to believe certain estate planning documents are invalid

The above are just a few of the most common reasons people object to probate. If you disagree with any of the proceedings during probate, it is important to speak to a lawyer.

Who Can Object During Probate? 

Personal representatives have a duty to notify beneficiaries and creditors of the decedent’s passing. This allows creditors to file a claim against the estate for an unpaid debt, and informs beneficiaries that they are entitled to certain property. Anyone with an interest in the estate has the right to object during probate. For example, if you are a beneficiary of an estate and believe a creditor has already been paid, you can object to any claim they make.

How to Object to Probate 

Objecting to probate starts with filing a petition with the court. This petition must be filed no later than three months after a person receives the notice of administration. There are many procedural rules to follow after the petition is filed and they will differ depending on what part of probate you are objecting to. A probate lawyer can help you file the petition, build a strong case to help you successfully object, and help you through the process.

Our Probate Lawyer in Daytona Beach Can Help with Your Objection 

If you believe that any part of the probate process is unfair or dishonest, you may be able to object to it. At Bundza & Rodriguez, our Daytona Beach probate lawyer can help you do it. We are committed to helping our clients preserve the legacy of their loved ones, and we can put our expertise to work for you, too. Call us today at 386-252-5170 or chat with us online to schedule a consultation and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html