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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34264
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My brother had a condo in Fl and I have passed my creditor

Customer Question

My brother had a condo in Fl and I have passed my creditor phase and I have no creditors to pay, but the Secretary of the attorney says I cannot use that money until 9 more months? That was not what happened in Texas. Once after my 3 months up the money was mine and for his estate. What are the laws in Fl . I am passed my 3 months with no creditors and she says I have to leave it there for another 9 months?
JA: Has anything been filed or reported?
Customer: explain
JA: Anything else you want the lawyer to know before I connect you?
Customer: the secretary has lied to me before and I don't trust her
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Florida
Submitted: 2 months ago.
Category: Legal
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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There is no hard and fast rule about when estate assets are available, but there is a 3 month creditor claims period in FL, which apparently has passed, before an executor could safely distribute some of the estate assets.

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With that said, if all taxes for the decedent and the estate haven't been filed and clearances obtained from the State and the IRS, this is likely where the hold up is. A prudent attorney will advise an executor to not disburse any funds pending getting those releases because if for some reason a huge tax bill comes back, and the executor has already disbursed money, then they can be held personally liable for the debt.

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But typically, the distribution of assets comes at the end of probate, right before the estate is closed and most typical probate cases last 7-10 months in FL due in large part to waiting on tax clearances to be obtained.

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thanks

Barrister

Expert:  Barrister replied 2 months ago.

Hello again,

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Did you have any further questions I can help with?

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thanks

Barrister

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