Suing An Estate Executor For Child Support In Miami-Dade

State:
Multi-State
County:
Miami-Dade
Control #:
US-0043LTR
Format:
Word; 
Rich Text
Instant download

Description

The document serves as a model letter for individuals suing an estate executor for child support in Miami-Dade. It provides a structured template for communicating the settlement terms related to claims against a specific estate. Key features of the letter include sections for detailing the amount of the settlement, the name of the estate, and a request for the return of the original Release after it has been executed. The letter emphasizes the importance of clear communication and cooperation between parties involved in the settlement process. It is particularly useful for attorneys, paralegals, legal assistants, and associates as it simplifies the drafting process and ensures compliance with necessary legal protocols. Users can adapt the letter to fit their specific circumstances, thereby maintaining a professional tone while effectively addressing the matter at hand. The instructions also promote clarity and straightforwardness, which is vital for those who may not have extensive legal experience.

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FAQ

Yes, when child support remains unpaid for an extended period, it can escalate to a felony offense. Florida has criteria for classifying child support delinquency as a felony: Your payment is four months past due, and you owe $2,500 or more.

Parties can call the Department of Revenue at (850) 488-KIDS (5437) between a.m. and p.m. EST, Monday-Friday to discuss their case or to sign up for services. Do you live in another state and a request was made in Florida to establish/enforce child support?

Unknown creditors must file their claims within the 90-day window following the publication of the notice. Note that all claims against an estate are barred two years after the decedent's date of death, regardless of whether a probate proceeding has been initiated or a Notice to Creditors has been published.

Yes, you absolutely can. Both Florida and New Jersey (depending on which state you use to go after her) have no "statute of limitations" on child support arrears.

A lump sum inheritance, however, is typically classified as non-recurring income under Florida law. This means that a one-time inheritance is generally not included when calculating child support obligations.

Personal property does not include land or real estate. If a parent who owes support owes more than $600 in past-due child support, the Child Support Program may file liens to collect past-due support on motor vehicles, boats and mobile homes.

In Florida, your settlement for a personal injury can be affected by child support obligations. The legal system is designed to make sure that children get the financial support they need. If you owe support to a child, especially if an order is already in place, your settlement funds may be garnished.

Filing for probate – 10-day deadline This specifies that the individual in possession of the deceased's last will and testament must file for probate within 10 days from the date of death of the deceased in the same county where the deceased died. The size of the estate to be probated does not affect these ten days.

By waiting ten months, the executor has the chance to see whether anyone is going to raise an objection. There are six months from the date of the Grant of Probate in which to commence a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Then a further four months in which to serve the claim.

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Suing An Estate Executor For Child Support In Miami-Dade