The Estate of Anne Heche

Anne Heche a well-known actress, who won the National Board of Review Award, a Tony Award Nomination, and Emmy Award Nomination,  passed away after a horrific car accident in 2022 in California.   Now her son is named her executor, in California, and things are a mess.  Despite being of some wealth, Anne Heche had no last will, nor a Living Trust, causing difficulty for her two sons, Homer and Atlas.

While driving, she crashed into a mansion in California, and the owner of the house is suing the estate for two million. There are multiple other creditors, for a total of $6 million in claims against the estate.  Her son has advised the court that there is insufficient money in the estate to pay all the claims.

What happens now?  Well, per the news outlets, the executor of the estate is working to sell her personal property and liquidating tangible items through an estate sale company. This is what we would also do in the state of Florida.

If she had been a Florida resident, we would have negotiated the claims as best as we could, with the creditors receiving a lot less than what was due to them.  That is all that can be done, after the fact.  It could be that very little, if anything, goes to her children, which would be a shame.

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There are assets in Florida that are protected in probate. Your house, for instance, is protected for a certain class of people, from creditors at your death.  Not all states have those protection laws. Also, annuities can be protected from creditors.  Asset protection is so important, we discuss it with our clients when they come to our law office to “make a Will”.  Estate planning is so much more than just a Will, or a deed. It can be complex, but with the right qualified attorney, it can bring much peace of mind. Remember, creditors have rights too, not just the Heirs. A Florida personal representative has a duty to both.  A rightful creditor is an interested person in an estate and they can open the probate in Florida. The law allows them up to two years to collect against an estate. After that, it is barred by the Statute of Limitations.
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If you do not have your legal affairs in order, go see a qualified attorney today, who can bring peace of mind to you.  Ensure your legal affairs are in expert hands. Contact Probate Attorney Hallie Zobel for comprehensive assistance with wills, probate, and estate planning. Don’t wait until it’s too late. Secure your family’s future today. Call Private Corporate Counsel now!

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