Discussion question
ANSWER THE FOLLOWING 3 QUESTIONS. 100 WORD LIMIT PER QUESTION.
1. If a personal representative is unaware of a creditor, he can not provide him notice
of the estate. The only notice requirement is to publish a Notice to Creditors in a
paper of general circulation in the county where the proceeding is being done.
This can be a paper such as the Florida Newspaper which is only published in
Miami-Dade County and available at newsstands. If a creditor has its offices in
Delaware (as most credit cards), the creditor will not read the notice and most
likely be barred from recovery. Should this be changed to a newspaper of daily
circulation like the Miami Herald? Why or why not? Should there have to be a
website publication? If so, what type? Should the creditor have an opportunity to
file late if it is impossible for it to read the notice? Why or why not?
2. You are required to have authenticated copies of certain documents to proceed with
an ancillary administration. As stated in the lecture notes, this is an extra
certification by the chief clerk that the seal is actually the seal of the court.
Wouldn’t certified copies suffice? Why or why not? Do you think there is a valid
rationale for this? Review Florida Probate Rule 5.470 which requires
authenticated copies of the domiciliary probate proceeding and discuss what other
type of copy (other than an authenticated copy) would satisfy Florida Probate
Rule 5.470.
3. In an inventory a value for the homestead property does not have to be listed.
Discuss why homestead property is not part of an Ancillary Probate
Administration. Should the value have to be listed? Why or why not? In
answering this question, also consider a situation where the judge has not entered
an order determining homestead property.
