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

Cape Coral, FL |
Filed under: Claims to debt Probate

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.

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Attorney answers 2


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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


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 : : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

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