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Creditor Claims for Florida Probate Estates
One of the purposes of the probate process is to manage debts owed to creditors of the deceased andto see that creditors are paid – to the extent that is legally and financially possible. The legal procedurefor probate provides a process to manage and cut off claims against the deceased that are filed morethan three months after the publication of a Notice To Creditors in the newspaper, or more than thirtydays after service of the Notice on a creditor, if that is later. Most debts of the deceased are barred andunenforceable after two years from the date of death. Recently the Second District Court of Appeals inFlorida issued a ruling that emphasizes the need to properly follow the claim procedure if you are owedmoney by the deceased. Watch the dates as you read the following paragraph.
Edward Caulfield died on December 18, 2006. A probate administration was started and on November16, 2007, a Notice To Creditors was published. The court opinion dos not explain why so much timewent by before publication. Under Florida law the end of the creditor claim filing period was February16, 2008. A creditor, Mr. Lubee, filed a late claim on December 18, 2008, ten (10) months after theclose of the claim filing period. Note, this is the point after which the two year bar on collection of adecedent’s debts also takes effect. Then Mr. Lubee sued the estate on February 5, 2009, no doubtbecause payment had not been forthcoming. Judgment was entered in favor of the estate at the CircuitCourt level and affirmed on appeal. Why? Because Mr. Lubee didn’t file a claim within the three monthsand never asked the probate court for permission to file a late claim within two years of the death ofMr. Caulfield.
What can we learn from this case? First, if a deceased person owes you money, get legal advice about how to enforce that claim. Second, as a creditor, time is your enemy. You can even file a caveatwith the court to get notice when a probate administration is started, before a Notice To Creditors ispublished. If you are filing late, you must first ask for the Court’s permission. Third, if Mr. Caulfield hada revocable trust based estate plan and the trustee saw no need to file a probate and if Mr. Lubee fileda suit within two years of Mr. Caulfield’s death, he might have been able to collect. Trusts do not bnefitfrom the two year cutoff in probate law.
Experienced estate planning attorney joins firm
Via NEWS-PRESS – LEE COUNTY, Fla.- Written by Nancy Oben noben@news-press.com
For Thomas E. Shipp Jr., some of his best days are when clients write him a note saying thank you.
Shipp, an attorney with more than 30 years of experience in wills, trusts and estate planning, said he works with families dealing with difficult situations when a loved one passes.
“They’re relying on their confidence in me,” Shipp said.
Shipp, who has worked in Southwest Florida since 1980, recently joined the Martin Law Firm’s principal office in Cape Coral. He said he’s very happy with the new affiliation.
“It’s very exciting to go from a history of a solo practice and small partnerships to an organization that’s a group practice where a client can get many services under one roof,” Shipp said.
The Martin Law Firm is run by husband and wife team Steven E. Martin and Eviana J. Martin. The firm also has offices in Fort Myers and Naples. Steven Martin said he’s glad to have Shipp’s level of experience added to his firm.
“Tom’s been in practice for 30 years and we haven’t,” Martin said. “It’s exciting for us to get Tom’s depth and breadth of experience.”
Eviana Martin agreed, adding, “It’s important to get someone with experience in wills and trusts.”
Shipp, who has been at the firm for almost two months, said with a laugh that he’s getting all the old man jokes in the office. He said that in some firms, lawyers can be territorial but at the Martin Law Firm it’s more like a family.
“What’s really impressed me here is Steve and Eviana created a tight team, working together and helping each other out. I think it’s very unique,” Shipp said.
Although he jokes around in the office, Shipp is serious about his profession. He said that he focuses on the needs of clients in order to gain their trust because they rely on him to make the proper arrangements. He said you don’t get that reassurance when you prepare the documents yourself on the Internet.
“I want to be here when a person decided I need an attorney for a will or a trust,” Shipp said. “It’s part of the ability (of the client) to sit down and get personal advice from someone you have confidence in. With us, you don’t get a printed set of directions, or a toll-free number to call, you get a person.”
Shipp said some of the hardest hurdles he has to overcome are documents that were not properly prepared and he said these documents often affect the family members who have been left behind.
“It’s not just about the money the people inherit based on those documents,” he said. “It’s about the relationship of the family and how conflict can tear those relationships apart or how this moment could bring people closer together.”
http://www.news-press.com/apps/pbcs.dll/article?AID=2012301010024
Experienced estate planning attorney joins firm
For Thomas E. Shipp Jr., some of his best days are when clients write him a note saying thank you.
Shipp, an attorney with more than 30 years of experience in wills, trusts and estate planning, said he works with families dealing with difficult situations when a loved one passes.
“They’re relying on their confidence in me,” Shipp said.
Shipp, who has worked in Southwest Florida since 1980, recently joined the Martin Law Firm’s principal office in Cape Coral. He said he’s very happy with the new affiliation.
“It’s very exciting to go from a history of a solo practice and small partnerships to an organization that’s a group practice where a client can get many services under one roof,” Shipp said.
The Martin Law Firm is run by husband and wife team Steven E. Martin and Eviana J. Martin. The firm also has offices in Fort Myers and Naples. Steven Martin said he’s glad to have Shipp’s level of experience added to his firm.
“Tom’s been in practice for 30 years and we haven’t,” Martin said. “It’s exciting for us to get Tom’s depth and breadth of experience.”
Eviana Martin agreed, adding, “It’s important to get someone with experience in wills and trusts.”
Shipp, who has been at the firm for almost two months, said with a laugh that he’s getting all the old man jokes in the office. He said that in some firms, lawyers can be territorial but at the Martin Law Firm it’s more like a family.
“What’s really impressed me here is Steve and Eviana created a tight team, working together and helping each other out. I think it’s very unique,” Shipp said.
Although he jokes around in the office, Shipp is serious about his profession. He said that he focuses on the needs of clients in order to gain their trust because they rely on him to make the proper arrangements. He said you don’t get that reassurance when you prepare the documents yourself on the Internet.
“I want to be here when a person decided I need an attorney for a will or a trust,” Shipp said. “It’s part of the ability (of the client) to sit down and get personal advice from someone you have confidence in. With us, you don’t get a printed set of directions, or a toll-free number to call, you get a person.”
Shipp said some of the hardest hurdles he has to overcome are documents that were not properly prepared and he said these documents often affect the family members who have been left behind.
“It’s not just about the money the people inherit based on those documents,” he said. “It’s about the relationship of the family and how conflict can tear those relationships apart or how this moment could bring people closer together.”
http://www.news-press.com/apps/pbcs.dll/article?AID=2012301010024
Inges release statement regarding McCready custody battle
Via WINK NEWS – LEE COUNTY, Fla.- The saga surrounding Mindy McCready’s custody battle over her son, Zander McCready, continues.
Mindy McCready’s mother and stepfather, Gayle and Michael Inge, have released the following statement:
“Currently, our grandson is in foster care with strangers with the State of Arkansas. We would like to express our gratitude to the Florida Department of Children and Families for its effort in this case and also to the Arkansas foster family for their help in taking care of our grandson. We would like to plea for his return to Florida before Christmas.
The accusations made by Mindy McCready against us are false and hurtful. These accusations are the same accusations made by Mindy for the past four years and have been thoroughly investigated by the Florida Department of Children and Families and the presiding judge in our grandson’s case. We cannot get into specifics due to confidentiality in any child dependency matter.
The Arkansas Department of Human Services seems to be claiming jurisdiction over this case in violation of the UCCJEA (Unifom Child Custody Jurisdiction and Enforcement Act). Their position is in stark opposition to the basic principals outlined in the UCCJEA. We disagree with Arkansas DHS’s position as Florida has home state jurisdiction under the UCCJEA and a Florida Court has been involved in this case since 2007. In fact, there was a hearing in the Florida Court that concluded in early November for which a decision was pending at the time Mindy fled to Arkansas with the child. We are our grandson’s legal guardians.
The court in Arkansas has not yet ruled on the claims of the Arkansas DHS and has not yet ruled on the threshold issue of whether it even has jurisdiction under the UCCJEA to hear the case. It is our opinion that the State of Florida has ‘home state’ jurisdiction over this case, not the State of Arkansas. More practically speaking, having a case such as this handled in a state over a thousand miles away from our grandson’s family, doctors, teachers and classmates is an absurd and unjust result and clearly not in the best interest of our grandson. Our grandson is in the custody of strangers for the Holidays. This is the first time in his life he has been with strangers. It is hard for us as a family to see how in any way this is the best interest of our grandson. He is only a 5-year-old boy. He has been stolen by his mother, recovered from authorities hiding in a closet, then put in the care of strangers. How could this possibly be in the best interest of our grandson?
In custody and dependency matters justice delayed is often a failure of justice. Please join us in our prayers that the Arkansas court can reach its decision on the UCCJEA issue sooner rather than later so our grandson can return home to us, his family and friends in Lee County for the holidays.”
WINK Exclusive:McCready’s son to stay in foster home for now
LEE COUNTY, Fla. — A WINK News exclusive: The Mindy McCready custody battle heats up. WINK News has confirmed the county singer’s son, Zander, will remain in an Arkansas foster home through Christmas.
Inge’s lawyer told WINK News, Arkansas authorities claim it’s risky for Zander to live with her and her husband.
“At this point, the hearing in Arkansas has been continued until January 13, 2012 and the grandson is living with strangers and he’s not going to be home for the holidays,” said Steven E. Martin, attorney for Michael & Gayle Inge.
McCready recently accused her mother of being abusive toward Zander. Inge denies the allegations. Ultimately a judge will have the final say on who gets custody.
WINK News NOW returns to Martin Law Firm, P.L. for further explanation of the Mindy McCready custody battle from Attorney Steven E. Martin
After Ms. McCready’s hearing in Arkansas this week, WINK News Now returned to Martin Law Firm to further explain the legal implications involved with this case. Attorney Steven Martin explained that Florida, which is the “home state,” would likely ultimately determine this matter. However, the Arkansas Judge might delay the return of the child to Florida to investigate, if for example, there were allegations of abuse.
Ultimately this entire ordeal will likely be considered in determining the final custody arrangement within the entire scheme of the best interests of the child. Attorney Martin speculates that while Ms. McCready may have won a small battle but that ultimately her tactics will not sway the case in her favor.
To see the WINK News story follow the following link where you will be connected directly to WINK News Now’s website: http://www.winknews.com/Local-Florida/2011-12-07/Experts-say-Mindy-McCready-will-have-trouble-getting-custody
Steven E. Martin’s practice focuses on family law, civil litigation, business planning, estate planning and real property law. Mr. Martin is a Past President of the Cape Coral Bar Association and is an active member of the Lee County Bar Association. Mr. Martin is a member of the Florida Bar’s Judicial Administration and Evaluation Committee, and the Calusa Chapter of the American Inns of Court. Mr. Martin is admitted to practice in the state of Florida and in the Federal Court for the Middle District of Florida. Mr. Martin practices in Lee County Florida in Cape Coral and Fort Myers, Florida and in Collier County Florida in Naples.
Attorney Dustin Butler asked to explain family law matters in the Mindy McCready to WINK News Now.
WINK News Now asked Martin Law Firm attorney Dustin Butler to explain issues regarding child custody matters to local viewers. Specifically, Mr. Butler explained what a “pick-up” order means. “A pick-up order is essentially the court ordering law enforcement to bring a child back to this jurisdiction. To issue a pick-up order the court needed to have already made a time-sharing or custody determination.”
Mr. Butler went on to explain that the overriding priority for Florida courts is the “best interests” of the child. The court will consider what is in the best interests of the child above all other concerns. When asked to explain how the court would view a parent who violated a court order resulting in a pickup order Mr. Butler was quoted saying “we’re dealing with parents not behaving properly and the court will consider that within the grand scheme of what is in the best interests of the child.”
To see the WINK News story follow the following link where you will be connected directly to WINK News Now’s website:
http://www.winknews.com/Local-Florida/2011-12-02/Missing-persons-flyer-issued-for-Zander-McCready
Dustin Michael Butler is an Attorney with Martin Law Firm, P.L., whose practice focuses in Family Law and Civil Litigation. He is admitted to practice law in the State of Florida and the Federal Court for the Middle District of Florida. He primarily practices in Lee County Florida in Cape Coral and Fort Myers, Florida.
Thomas E. Shipp Jr. joins team at Martin Law Firm
CAPE CORAL, Fla. (Nov. 1, 2011) Thomas E. Shipp Jr. has joined the attorneys at Martin Law Firm announced firm principal, Steven E. Martin. An estate planning attorney based in Cape Coral since 1980, Shipp will add his expertise in the services of creating wills, trusts and other estate planning administration to the Martin Law Firm.
“We had been referring clients to one another,” said Martin. “It seemed natural to add his expertise to the services we offer our clients, making it more convenient to them to utilize our attorneys for all of their business and personal needs.”
The addition brings Shipp’s 30-plus years of experience to the firm’s estate planning practice, which also includes expertise in Bankruptcy, Family Law, Corporate and Business Services, and Real Estate Administration. Shipp earned his law degree from St. Louis University and was admitted to the Florida Bar in 1977. He is a member of the Real Property, Probate and Trust section of the Florida Bar.
Following the Martin Law Firm’s history of commitment to community service, Shipp is a member and past president of the Lee County Planning and past President of the Lee County Chapter of the International Association for Financial Planning. He has served on Executive Council of the Lee County Bar Association and is the President of the Cape Coral Bar Association. He is a Director and past Chairman of the Cape Coral Chamber of Commerce. He is also a member of the Investment Committee of the Cape Coral Community Foundation and past President of the Rotary Club Cape Coral Goldcoast.
Martin Law Firm is a group of attorneys founded by Steven and Eviana Martin, a husband and wife team focusing on estate planning, civil litigation, corporate and
business planning, family law, personal injury and real property law. Their offices are located in Cape Coral, Fort Myers and Naples. Members of the firm are admitted to
practice in the state of Florida and in the Federal Court for the Middle District of Florida.
Steven E. Martin attends meeting of the Judicial Administration and Evaluation Committee for the Florida Bar in Orlando, Florida
Steven E. Martin of the Martin Law Firm, PL, a member of the Florida Bar’s Judicial Administration and Evaluation Committee attended the meeting of the committee in Orlando, Florida on September 16, 2011. The Committee addressed lack of attorney response to judge evaluation surveys, a voters’ guide for the upcoming 2012 judicial merit retention vote and a proposed new rule of Judicial Administration addressing disqualification of trial judges.
The Committee has a longstanding program where attorneys can confidentially and anonymously submit surveys to judges in their circuit providing feedback to the judges enabling them to improve their performance. Unfortunately, the program has received a dismal response. Out of 439 judges who actually mailed the feedback forms to attorneys, only 5% of the forms where actually returned. The committee noted that there are a number of judges who also do not participate in the program. It was discussed that rather than having the judge to be evaluated submit the form to the legal community it should instead be addressed by local bar associations, local clerks of court, or by the chief judge of each judicial circuit in Florida. Mr. Martin agreed to meet with Judge Jay Rosman, Chief Judge of the Twentieth Judicial Circuit to discuss the issue. Additionally, the committee has an anonymous website for attorneys to submit judicial feedback maintained at: www.floridabar.org/judicialfeedback.
Steven E. Martin of the Martin Law Firm, PL, and a member of the Florida Bar’s Judicial Administration and Evaluation Committee, believes the process of evaluation provides benefit to the judiciary. “Everyday, the marketplace and my peers in the legal community evaluate my performance as an attorney, and I make adjustments where I am deficient. This program, properly implemented, will improve our judiciary. A judge should know which approaches to their work are viewed by attorneys as effective and appreciated and also when certain approaches may need to be changed.”
The committee also continued work on a Guide for Florida Voters regarding the upcoming judicial elections and merit retention vote to be prepared for the 2012 elections. Merit retention is a system of selecting Florida’s Supreme Court Justices established by the voters when they amended the Florida Constitution in the 1970s. Under merit retention, the Governor appoints new Justices from a list of three to six names submitted by a Judicial Nominating Commission. The Governor must select from the list. Once appointed, Justices eventually must face the voters in a “yes” or “no” vote as to whether they should remain in office. If retained, the Justice serves a six-year term beginning in early January following the merit retention election. Three Florida Supreme Court Justices face a merit retention vote in the 2012 elections.
Additionally, the Committee continued work on proposed new rule of Judicial Administration regarding disqualification of trial judges. The committee debated numerous points as to what grounds could a party in a suit file a motion to disqualify a judge in a pending matter. The committee will hold a special meeting in December to finalize the language of the proposed rule.
The Judicial Administration and Evaluation Committee has the responsibility of accepting specific assignments from the Board of Governors in areas regarding judiciary. The committee reviews all legislation prefiled pertinent to the judiciary and makes recommendations either to the Board of Governors or the Legislation Committee. The Judicial Administration and Evaluation Committee also assists the Florida Supreme Court in the Judicial feedback program.
Steven E. Martin’s practice focuses on estate planning, civil litigation, business planning, family law and real property law. Martin is the Immediate Past President of the Cape Coral Bar Association and is an active member of the Lee County Bar Association. Martin is a member of the Florida Bar’s Judicial Administration and Evaluation Committee. Martin is also a member of the Tax, Business Law, Elder Law, and the Real Property and Trust Law Sections of the Florida Bar Association. Martin is a member of the Calusa Chapter of the American Inns of Court.. Martin is admitted to practice in the state of Florida and in the Federal Court for the Middle District of Florida.
Built on a tradition of service to the community, the Martin Law Firm, P.L. brings to Southwest Florida a fresh approach to legal representation with accessible attorneys and a commitment to client satisfaction. The Martin Law Firm attorneys are known not only for their legal skills, but for their leadership among peers, success in business and service to the civic community, both here and abroad.
The Florida Bar Appoints Steven E. Martin to Serve on Judicial Administration and Evaluation Committee
Cape Coral, FL. April 15, 2011 – Steven E. Martin of Martin Law Firm, P.L. has been appointed by the Florida Bar to serve on the Judicial Administration and Evaluation Committee.
The Judicial Administration and Evaluation Committee has the responsibility of accepting specific assignments from the Board of Governors in areas regarding judiciary. The committee reviews all legislation prefiled pertinent to the judiciary and makes recommendations either to the Board of Governors or the Legislation Committee. The Judicial Administration and Evaluation Committee also assists the Florida Supreme Court in the Judicial feedback program.
Steven E. Martin’s practice focuses on estate planning, civil litigation, business planning, family law and real property law. Martin is the Immediate Past President of the Cape Coral Bar Association and is an active member of the Lee County Bar Association. Martin is also a member of the Tax, Business Law, Elder Law, and the Real Property and Trust Law Sections of the Florida Bar Association. Martin is a member of the Calusa Chapter of the American Inns of Court and an agent for the Attorney’s Title Insurance Fund. Martin is admitted to practice in the state of Florida and in the Federal Court for the Middle District of Florida.
Built on a tradition of service to the community, the Martin Law Firm, P.L. brings to Southwest Florida a fresh approach to legal representation with accessible attorneys and a commitment to client satisfaction. The Martin Law Firm attorneys are known not only for their legal skills, but for their leadership among peers, success in business and service to the civic community, both here and abroad.