Review the two main concerns during the creditor's claim period.
The creditor’s claim period expires three months after the first publication of the Notice to Creditors. The operation of the claims period procedures presents two concerns. First, as a general rule, debts of the estate should only be paid to those creditors who file Statement of Claims with the probate court. Secondly, debts to creditors should not be paid until the expiration of the claims period. This white paper reviews why applying these procedures is not always practical, particularly where you wish to pay a debt you know is valid without requiring the creditor to file a Statement of Claim, and particularly when you wish to pay a creditor in advance of the expiration of the creditors claim period.
Jeffrey M. Gad
Johnson Pope Bokor Ruppel & Burns, LLP
- Partner with Johnson Pope Bokor Ruppel & Burns, LLP
- Focuses his practice on representing individuals emphasizing a broad range of probate, business and taxation related issues; his practice integrates the personal and estate tax planning concerns of individuals with tax and business planning for their closely-held businesses
- As part of his corporate practice, he assists businesses with choice-of-entity planning, the formation of business entities, business contracts, such as the preparation, review and negotiation of operating agreements and shareholder agreements; in addition to his corporate practice, he has extensive experience in all aspects of probate and trust administration, including the preparation of estate tax returns
- Experienced in probate, trust and guardianship litigation and appeals, including will and trust contests and cases involving capacity, undue influence, determination of beneficiaries, homestead challenges, powers of attorney, spousal elective share, estate claims, breach of fiduciary duty, and tortious interference with inheritance
- Represents clients with IRS audits and investigations and has successfully resolved estate tax audits involving valuation issues raised by the use of family limited partnerships in estate planning
- The Best Lawyers in America®, Since 2013, Listed in Florida for Trusts and Estates and Tax Law; Florida Trend’s Legal Elite, 2015–2019, Listed for Wills, Trusts & Estates Law; The Florida Bar, Tax and Real Property and Probate Sections, Member; Hillsborough County Bar Association, Real Property and Probate Division, Member; Congregation Kol Ami, Vice President and Member of Board of Trustees; Jewish National Fund of Tampa Bay, Board Member; JCRC of Tampa Bay, Former Committee Member; Hillsborough Education Foundation, Former School Enrichment Committee Member
- LL.M. degree in taxation, New York University School of Law; J.D. degree, magna cum laude, Nova Southeastern University, Shepard Broad Law Center; B.S.B.A. degree, University of Florida
Natalie A. Roberts
Johnson Pope Bokor Ruppel & Burns, LLP
- Of counsel at Johnson Pope Bokor Ruppel & Burns, LLP
- Practice emphasizes all aspects of tax law and estate planning
- Conducts occasional seminars and workshops on such topics as divorce taxation, asset protection, and general issues in estate planning
- Written articles and blogs related to the areas of tax law, business law and estate planning
- Tampa Chamber of Commerce Leadership Tampa Class of 2018; Leadership Tampa Alumni, Women of Influence and Programming Committees; Estate Planning Council of Tampa Bay
- Economic Club of Tampa; Florida Bar; Hillsborough County Bar Association; American Bar Association; and Minnesota State Bar Association: Tax, Probate, Trust and Estate Planning, and solo/small firm sections; League of Exceptional Women; The Helen Gordon Davis Centre for Women; and USF Women in Leadership and Philanthropy
- J.D. degree; LL.M. degree in taxation, University of Florida Law School
- Can be contacted at 813-225-2500 or [email protected]
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