Florida probate question: Do creditors who submit a claim against an estate have to provide proof of the debt?
3 attorney answers
Probate law gives you a limited time after a claim is submitted, (usually about a month after the deadline for submitting claims, but check with your attorney) to object to the claim. If you object, the creditor has 30 days to file a lawsuit to collect the claim (unless you agree to more time to attempt to work out the dispute) or the claim is barred. If you think a claim isn't valid, it's your right to object, but depending on your fee arrangement with your attorney, it may cost more than the amount in dispute. As personal representative, you have the right to require information from the personal injury attorney as to the issues involved in the auto injury claim. Sometimes during the lawsuit an attorney provides a creditor with an agreement to pay the medical bill from the personal injury settlement (though it normally does not come out of the PI attorney's fees). Sometimes a medical claim has a legal right to a lien on the settlement. The attorney who handled the injury claim has an obligation to explain this to you. Your estate attorney should be advising you about this. If you no longer can communicate with him, it's time to fire him and hire new counsel, as this is part of his duties as your attorney. .
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You can object to any claim requesting proof of debt. Regarding your second question, as the PR you can request an accounting from the PI attorney for the estate and see what you get.
Changed to the Probate section of the forum.
I'd do what your probate attotney advised. Its probably not worth the expense of challenging rhe creditor. If you dont like your attorneys advice, find another.
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