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notice to claim

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wizardprangz

Junior Member
What is the name of your state? live in UK, aunt lived in orlando, florida,
Hi myself and mother each received a copy of aunt's last will and testamnet, attached was 'notice to creditors, from orange county court stating creditors and other persons having claims or demand agaisnt the decedent's estate on whom a copy of this notuce is required to be served must file their claims or demands with this court within 30 days of notice.
my mum is listed in the will for % of my aunts residuary estate, i am also listed for a %.
Myself and my mum live in the uk and have no idea if we need to respond, a friend of the family is a solicitor but only know uk law and thought we should put it in writing that we wish to claim our % just incase we are required to respond.
Due to living in the UK, the document arrived after on 24th jan after being posted 14th Jan, so our 30 days has already started beofre it even reached the uk.
Does anyone know or have experience of responding to such notices, my mum is 72 ansd is ill at present and finds it all very distressing, she finds it very difficult to get clear info from my aunts personal representative, so any help even to point in the direction of free advice would be welcome.
Helen
 
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garrula lingua

Senior Member
Did your aunt owe you any money ???

Did you/Mom pay for anything for your Aunt, with the agreement that Auntie would pay you back ??

Claims and demands are usually creditors - bills owed by Auntie to others.
Sounds as though the atty is gathering all info re estate holdings and debts for probate.

Ask the atty if you/Mom are mentioned in the will (as beneficiaries), if that is your concern.

Is there any other living relative of Auntie ? Did she have a husband or kids ?
Are you the only kin ?

Did you owe Auntie any money ? The atty didn't ask that question, but technically, that money is payable to the estate.
 
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wizardprangz

Junior Member
garrula lingua said:
Did your aunt owe you any money ???

Did you/Mom pay for anything for your Aunt, with the agreement that Auntie would pay you back ??

Claims and demands are usually creditors - bills owed by Auntie to others.
Sounds as though the atty is gathering all info re estate holdings and debts for probate.

Ask the atty if you/Mom are mentioned in the will (as beneficiaries), if that is your concern.

Is there any other living relative of Auntie ? Did she have a husband or kids ?
Are you the only kin ?

Did you owe Auntie any money ? The atty didn't ask that question, but technically, that money is payable to the estate.
Click to expand...
Thank you, i have a full copy of her last will and testament.Myself and my mum are listed in the will as benificeries for a % each (don't wish to state the amount on here) of her residury estate as the will puts it. we are the only living kin, no kids, divorced many yrs ago. there are different percentages for different people, myself and my mum both get the same %

neither of us have seen my aunt in yrs we've only been back in correspondance thro short ltrs and phonecalls(between my aunt nad my mum) over the past 8 yrs or so after i found an address for her, there were no finances between my mum and aunt, her funeral and illness and other expenses of administration of her estate etc according to her will, which was as my aunt had told my mum she had put in the will to ressaure my mum that things would be taken care of when she (my aunt) died.
My aunt had been ill for yrs, and her arthritis in her hand meant that the short letters stopped and only short phonecalls from my mum to her sister took place.

we weren't sure if the 'all others having claims or demands' line meant that the notice from orange county court for probabte, needed to be responded to in order to get our % named in the will when the time comes.
Thanks
Helen
 
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BlondiePB

Senior Member
wizardprangz said:
Thank you, i have a full copy of her last will and testament.Myself and my mum are listed in the will as benificeries for a % each (don't wish to state the amount on here) of her residury estate as the will puts it. we are the only living kin, no kids, divorced many yrs ago. there are different percentages for different people, myself and my mum both get the same %

neither of us have seen my aunt in yrs we've only been back in correspondance thro short ltrs and phonecalls(between my aunt nad my mum) over the past 8 yrs or so after i found an address for her, there were no finances between my mum and aunt, her funeral and illness and other expenses of administration of her estate etc according to her will, which was as my aunt had told my mum she had put in the will to ressaure my mum that things would be taken care of when she (my aunt) died.
My aunt had been ill for yrs, and her arthritis in her hand meant that the short letters stopped and only short phonecalls from my mum to her sister took place.

we weren't sure if the 'all others having claims or demands' line meant that the notice from orange county court for probabte, needed to be responded to in order to get our % named in the will when the time comes.
Thanks
Helen
Click to expand...
You can read Florida's Probate Statutes under Estates & Trusts at www.flsenate.gov/statutes

The value of the estate is irrelevant to any of your questions, and it is prudent of you not to post that information. You can also order a book from the many on-line bookstores to help you and mum understand Florida's probate process. Creditors must be paid first from auntie's estate.
 
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wizardprangz

Junior Member
Re. Probate

Thanks i fully understand creditors need to be paid first aware the process can take a long time but what i need to know if the 30 day noticie is just for creditors or for all others named in will to also state their claim that is noted in will withn 30 days. My mother was told to send a ltr to atty just in case the law is diff to uk probate to ensure it arrives within 30 days of date on notice
 
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garrula lingua

Senior Member
I would acknowledge receipt of the will and notice, just to ensure that they are aware they have the correct address for me (and it's part of the court record).
Ask them to please advise if anything further is required of you to ensure the process is smooth.
 
S

Scott Dutcher

Guest
The notice you received is likely a form notice sent to all potential creditors to an estate. Most likely, you do not need to respond to it unless you were owed money by your aunt. You should consult an attorney familiar with Florida law to be sure.

By the way, the phrase "claims and demands" does not include you as a beneficiary of the estate.
 
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