I am listed as a Class 8 creditor on a distribution/discharge of an estate. I am an individual.

Asked over 1 year ago - Cape Coral, FL

It says that Class 8 creditors are not expected to get paid. I know that there is money left from the sale of a house. I would very much like to file an objection and need legal help in doing so.

Attorney answers (2)

  1. Carol Anne Johnson

    Contributor Level 18

    4

    Lawyers agree

    Answered . Just because a house sold, doesn't make it part of the probate estate. If the house was the decedent's homestead, it is not going to pass through probate at all, but will be devised as an operation of law. That means the money from the house sale is not available to the probate estate. However, if it is NOT the decedent's homestead, then you need to determine why you are in the category you are in and see if you can change that. A probate attorney can help you advise you in that regard.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate,... more
  2. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . This is normally the kind of thing where you should at least consult with a probate lawyer. It may be possible that the situation is not quite as you understand it. It may also be that there are other options available to you, depending on the facts. Most lawyers do not charge for an initial consultation.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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