If you were appointed as a personal representative to handle a person’s estate after their passing, you have many complex responsibilities. One of them is collaborating with banks and lenders to pay off the decedent’s debt.
While paying a decedent’s bills in Coral Gables may be your responsibility, you may not have to deal with every creditor that demands a payment. A qualified estate administration attorney can explain how to approach this task according to Florida law.
As a personal representative in Coral Gables, you have several responsibilities related to paying the decedent’s bills. They include the following.
The personal representative must locate all individuals and institutions to whom the decedent owed money. To do that, they may need to review financial records, mail, and credit reports. Some of the common debts are burial expenses and assisted living bills. However, there can also be outstanding child support and alimony. An attorney can help create an extensive list and provide a structure to the search.
Florida law requires the personal representative to send formal notices to known creditors. They must also publish a public notice in a local newspaper to alert unknown creditors. These notices give creditors a deadline to file claims and protect the estate from late demands.
Not all debts are treated equally. The personal representative must pay valid claims in a specific legal order, like prioritizing costs such as probate fees and funeral expenses. An estate planning attorney can help determine which debts are legally enforceable and explain how to pay them without exposing the estate to unnecessary liability.
The personal representative must keep detailed records of all financial activity, including payments to creditors and distributions to heirs. Once all debts are paid, they need to submit these records to the court for review.
Creditors have 30 days after receiving a Notice of Creditors or three months from the newspaper publication date (whichever comes later) to start collecting the debt. If the creditor’s claim is without merit, the personal representative can try to challenge it. In Coral Gables and everywhere in Florida, they have the right to dispute the demand to pay the decedent’s bill for several reasons:
Once the representative files an objection, the creditor has 30 days to take legal action to pursue the claim. Otherwise, they lose their right to collect.
If paying a decedent’s bills in Coral Gables is your responsibility, you must know how to handle the process properly. Not all creditors that come forward are entitled to a payment. Meanwhile, making the payments properly is key to avoiding legal issues. An experienced estate planning attorney from Veliz & Associates, P.A., can guide you through all your debt-related responsibilities as a personal representative. Call us to discuss your case at any time.
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