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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7306
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My uncle died in Seminole County, FL, 11/21/15. No spouse or

Customer Question

My uncle died in Seminole County, FL, 11/21/15. No spouse or lineal family. No life insurance, no vehicles, bank account with $2.00 balance. Only asset he owned is small piece of property with a 1979 double-wide, water damaged mobile home where he lived and died. He left a will naming me as Executor and sole heir of all his Residue property. I filed it with the Probate Division of Clerk of Circuit Court of Seminole County for safe keeping after his death. I paid for his cremation, past due property taxes 2013-2015, past due utilities and have his original Quit Claim Deed showing ownership of property by him. No liens can be found on property. I could not find the title to mobile home. Property taxes valued property at $10,000 and mobile home at $6,500. I notified property tax collector of his death and Homestead Exemption was removed. His only creditors are medical bill balances not covered by Medicare and VA. I had his mail forwarded to me so I could get list of creditors. I have not notified them of uncle’s death. I am getting letters from collection agencies threatening to file law suits. How can they file for judgment against a dead man? Is his homestead still protected from medical creditors? Since Homestead is only asset, Clerk told me to file “Petition to Determine Protected Homestead Status of Real Property”. Since I am not lineal ancestor and do not reside in his home, can I and should I do that? I plan to file for Summary Administration which has place for list of creditors and proof of payment or arrangements to pay. Do I have to notify or pay creditors before filing for Summary Administration? I cannot afford to pay medical bill balances. Most were for treatment before uncle’s last 60 days of life. I also cannot afford to hire an attorney. Do I have to notify creditors with letters before filing for Summary Administration? Can I place ads in newspapers instead? If yes, Seminole County, my county or both? Can medical creditors put liens on property? If I wait for 2yrs after his death to file, does his will become invalid? There is possible IRS debt of $14,000, making property worth less than debts owed, but no lien is found and I have received no letter. I know they check probate daily. Should I just file Summary with list of creditors and Homestead Petition and wait for judge’s instructions? I know to include Death Certificate and cremation bill when I file, but should I include bank statement, taxes and bills I also paid with my own money when I file? What do I do NOW ABOUT MEDICAL COLLECTOR THREATS?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.
Since I am not lineal ancestor and do not reside in his home, can I and should I do that? I plan to file for Summary Administration which has place for list of creditors and proof of payment or arrangements to pay. I know you want to do what is right by your uncle, but the situation you describe shows a hopelessly insolvent estate. There is nothing that estate administration can accomplish under such circumstances, and I believe that any Florida lawyer would advise you to simply walk away. Opening summary administration in Florida is not simple or cheap, and any money that you spend from now on for your uncle's debts will never be recovered. You are not personally liable for anything, and you should not personally pay any debts on behalf of of your uncle. Your payment of the funeral bill puts you at the head of the list of creditors in the estate, including the IRS. Therefore there is nothing that anyone can try to charge you for because you are the primary creditor of the estate, as well as the sole heir. In the alternative, if you think that you can quickly sell the property for enough to repay you for the funeral expense, then it might be worthwhile to hire a Seminole attorney to do a summary administration just to get that done quickly. Your agreement with the attorney should be that he/she gets paid only from a sale of the property i.e. you are not going to go to pay legal expenses personally. They must come from the sale of the land and trailer. You might get lucky and find an attorney who is experienced enough to know that he can get it done quickly and will take it on so that you can get a little bit of your money back. I hope that this information set your mind at rest, and that you will enter a positive rating for it so that I may be compensated for assisting you.
Customer: replied 1 year ago.
There are two roommates/renters living in the mobile home and I have forms to file for Homestead and Summary myself, which is allowed. Why would I want to walk away? Please answer questions of should I file Petition for Homestead, what do I do now as far as threatening medical collection agencies, can they get a judgment and can they put lien on Homestead?
Customer: replied 1 year ago.
Also, how do I place ads for creditors?
Customer: replied 1 year ago.
Assuming IRS is not owed, please answer ALL my questions as I have agreed to pay for detailed answer.
Customer: replied 1 year ago.
Irvin Law i no longer need your service. i need a new expert from florida to help me