Things To Know About Objections To Probate

While you are trying to move on after losing someone you love, the last thing you want to deal with is the probate court. State law requires that after a person passes away, their estate must go through the probate process. The probate process is necessary to ensure that the assets of a deceased person are property distributed to the beneficiaries who have a right to them. Probate is a complex process and it can become even more difficult when someone believes their loved one’s property is not being distributed properly. If you need to challenge asset distribution, the first thing you should do is speak to a Daytona beach probate lawyer.

Why Do People Object to Probate? 

If you believe that the property in your loved one’s estate is not being administered properly, you can file an objection to probate proceedings. Objections are handled during many different stages of the probate process. After the objections are handled and the entire estate has been administered, it can then be closed. If you have legal grounds for objecting to asset distribution, you have a legal right to do so. There are many reasons to object to probate but some of the most common include:

• The personal representative is not properly managing the assets of the estate
• Objections to claims certain creditors have filed against the estate
• Objections to the personal representative appointed by the court, when a deceased individual did not name one in their estate plan
• Objections to the validity of estate planning documents, such as a revocable trust or a will

How to File a Petition to Object 

To object to probate, you need to file a petition with the court. It is important to work with a Daytona Beach probate lawyer before you file the petition. An attorney can review the facts of your case, determine if you have a right to object, and help you draft the petition, which must outline the reason for your objection. There are also many procedural rules you must follow before the court will accept your claim, and an attorney can advise on what those are and ensure they are followed.

How to Object to Creditor Claims 

As part of the probate process, the personal representative must notify any creditors of the death if they may have a claim against the estate. If a creditor files a claim against an estate, the personal representative or any other person with a legal interest in the estate, can file an objection to the claim. For example, if a creditor files a claim against the estate and as a beneficiary, you know the debt has already been paid, you can file an objection even if the personal representative chooses not to.

Call Our Probate Lawyer in Daytona Beach Before Objecting 

Losing someone you love is one of the hardest things you will ever experience. Having reason to file a legal objection only makes it more difficult. At Bundza & Rodriguez, our Daytona Beach probate lawyer will review your case to fully understand the issue and ensure that your loved one’s estate is distributed properly. Call us today at 386-252-5170 or chat with us online to request a free case review and to hear more about your legal options.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html