which are not filed in the probate division of the circuit court within six months after the date of the first published notice of letters testamentary or of administration or, if notice was actually mailed to, or served upon, such creditor, within two months after the date such notice was mailed, or served, whichever later occurs, or which are not paid by the personal representative, within six months after the first published notice of letters testamentary or of administration, are forever barred against the estate, the personal representative, the heirs, devisees
and legatees of the decedent.").
(119) Because a will or trust is not a contract, the testator may not unilaterally force any devisee
to give up his or her right to access the civil courts.
Second, should the executor or the devisees
and heirs of the estate be punished?
First, heirs and devisees
may still be grieving at the time the proceeding takes place; this grief may affect their ability to craft solutions and discuss issues.
the decedent was the sole devisee
and legatee of the decedent's
Expenditures not essential to the proper settlement of the estate, but incurred for the individual benefit of the heirs, legatees, or devisees
, may not be taken as deductions.
"As a plaintiff's lawyer for 25 years, if I discovered after filing suit that the mortgagor was deceased, I would simply file an affidavit saying the mortgagor was deceased and there was no probate estate and no executor, and then amend the complaint to name any known or unknown heirs and devisees
. Then I would publish notice against unknown heirs."
2005 Revision: "Beneficiaries" substituted for "devisees
" in subdivision (b) to conform language to section 733.109(2), Florida Statutes.
(99) A court may waive the requirement to file an inventory and appraisement if "it appears that none of the heirs, devisees
, legatees, or creditors will be prejudiced by such waiver." (100) The executor must file an accounting within thirty days after the deadline to present a claim against the estate, a final accounting, and any other accounting the court may require.
(c) Those persons who are devisees
under the will of the deceased, except those whose relationship with the decedent violated Michigan law....
commonly the patient's heirs or devisees
, and the more money spent
ISSUE: When we think of probate contests, we think of heirs, legatees, or devisees
battling over who is entitled to what from a decedent's estate or trust.