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Order of Deficiencies ?

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I

IL Curiousity

Guest
What is the name of your state? IL (+ FL)

I am in IL, will/trust created in IL...but deceased passed away in FL.

Question: FL public records internet search indicates that an
"Order to correct deficiences - notice printed"
has been made...can you tell me what this means?
 


Dandy Don

Senior Member
You have not provided enough information to answer the question accurately.

That is a generic phrase that could apply to many situations: there could be a house that has some environmental hazards that need to be corrected, or a student's education that needs to be given further evaluation, etc. You need to try to look at the original document that the internet posting is referring to to get more information. Is the phrase in regards to a probate matter or does it have nothing to do with probate?
 
I

IL Curiousity

Guest
It is in regard to probate of a pour over will (which points to a trust)...and reads as follows:
Dockets:
(dates) (description)
5/7/02 notice to creditors
5/7/02 proof of publication
5/20/02 statement of claim-xxx medical group $114.00
6/6/02 order to correct deficiencies-notice printed
6/10/02 order to correct deficiencies-filed/mailed
6/17/02 statement of claim-xxx med. center-$789.00

There are items previous to this...indicating the letters of admin, "foreign probate" (due to residency being IL but passed while in FL), petition for admin...etc.
When we questioned what this order of deficiency was, we were told he "had no idea" what it was...brushing us off.
***An "order" would come from a judge and the executor/trustee would be made known of such a thing, right?

Also, the actual letters of admin & petition for admin are viewable online, but these other items only go to a screen indicating they aren't viewable online...so I'm thinking of contacting the FL court and requesting whatever I'm allowed to view by law...as this situation has been extremely evasive since day one...
***If I contacted the court, would they be obligated to notify the executor/trustee of our questions and requests for info.?

Finally, when questioned about probate in IL due to a condo located here, reply was that his lawyer said one didn't have to be done in IL...which doesn't seem right. There are friends, family and creditors here as well and they have no clue...etc. I don't favor the creditors...but it just doesn't seem right, most of the people who knew the deceased were here, and the only notification of anything was the obituary that I placed, everything is being handled through FL court.
***Is it possible for this whole thing to end up being processed and closed w/o anyone ever being notified in IL?
 

Dandy Don

Senior Member
The order might come from a judge or it could also come from an interested local, county, or state government official. Yes, the executor/trustee would be made aware of it if the address that the court has on file for him is correct and relatively current.

If you contacted the court, they would NOT be obligated to let the executor/trustee know about your request for information, since that is usually known only by you and the court--they would presume that no one else would be interested and/or it would be too much trouble for the court to contact the trustee/executor anyway.

Just because his lawyer said it doesn't mean that that is true. Executor/trustee and/or lawyer might not want to go to the necessary expense or trouble of having a probate filing done in Illinois. I guess it is possible to have the Illinois property title mentioned or handled in the Florida probate proceedings and they will assume that is the end of it, but the actual requirements of the law might be different, and that is something that only a Florida probate attorney or Illinois probate attorney could answer.

DANDY DON
 

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