Gainesville elder and special needs attorney talks about personal representatives, and how they help in estate planing.
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“A ‘notice to creditors’ is actually an official form that’s approved by the Florida Bar that if I was a personal representative in an estate or the executor–now we call them personal representatives–if I was the personal representative in an estate, I want to make sure that I notice all the potential creditors. I have to make a diligent search to see what creditors are out there. If I know that I get the mail, and I’m looking through my Dad’s stuff, and I see that there’s a bill to a hospital or that they had Medicare, we want to make sure we notice Medicare, then make sure that they don’t have a claim. Those would be potential creditors in the case and as the personal representative I would have a duty to send out a physical notice to creditors saying, “Hey, you got 30 days to file a claim in the estate.” Now, once I do that and once I publish in the newspaper, then the claims period ends. After that point, if I’ve done my job where I’ve diligently sent out all those notices, done my stuff in the newspaper, then those claims of creditors can be waived.”
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