In the Circuit Court for St. Johns County http://www.clk.co.st-johns.fl.us/index.htm
In re: Estate of Kenneth W. McLeod ("Probate Action")
File No.: CP-10-375 Div. 55

Dear Creditor,

This section of my website was designed to keep you apprised of the status of the Probate Action for the estate of Kenneth W. McLeod where I have also been appointed to serve as a Curator. If you are seeking information on the status of the main receivership case, please refer back to the website's Home Page. Due to McLeod's death, it was necessary for me to also open a probate estate to handle claims against him personally because some creditors (i.e. personal credit cards) may only have a claim against the probate estate while other creditors (i.e. victims) may have a claim against both estates. Moreover, some assets may belong only to the probate estate while others may only belong to the receivership estate. Thus, to insure that the right creditors share in the proper pool of assets, it was necessary to open a probate estate.

Your claim filed in the Probate Action will essentially be the same as the claim you will eventually file in the receivership estate. In fact, to avoid unnecessary work and duplication, I intend on filing a motion with the receivership court to deem the claim you file in the Probate Action as a claim filed in the receivership estate. Please note that the filing of a claim does not necessarily mean that your claim will be allowed. It is still necessary for us to review your claim to make sure it is accurate and that we have no objections to it. Accordingly, we will notify you in due course of the status of your claim.

IMPORTANT NOTICE TO CREDITORS REGARDING CLAIM DEADLINE:

On or about November 17, 2010, I mailed a letter to all known creditors of the estate of Kenneth W. McLeod advising that there is a deadline presently pending for filing a claim in the Probate Action. A copy of my letter and accompanying Notice to Creditors and Claim Form can be viewed and printed by clicking the links below. Any persons having claims or demands against Mr. McLeod's estate must file their claim with the Clerk of the Circuit Court of St. Johns County, Probate Division, 4010 Lewis Speedway, St. Augustine, FL 32084 no later than December 29, 2010. If you fail to file a proper and timely claim, your claim will be barred by law from being paid from the estate. If you have questions on how to complete or file the claim form, you should consult with your attorney as my office cannot furnish you with legal advice.

March 11, 2014
Order of Discharge

January 3, 2014
First and Final Accounting of Curator

January 3, 2014
Petitition for Discharge

October 29, 2013
Petition to Extend Time For Filing Final Accounting and Petition for Discharge

October 25, 2013
Petition for Order Approving Allocation of Funds to the Receivership Estate

March 7, 2013
Order Approving Abandonment of Properties

February 21, 2013
Petition for Order Approving Abandonment of Properties

February 1, 2013
Order Extending Time For Filing Final Accounting and Petition For Discharge

December 14, 2012
Petition to Extend Time for Filing Final Accounting and Petition for Discharge

October 13, 2011
Order Approving Petition For Order Authorizing and Approving a Claims Administration Procedure and Allocation of Proceeds From Sale of Personal Effects

October 6, 2011
Petition For Order Authorizing and Approving a Claims Administration Procedure and Allocation of Proceeds From Sale of Personal Effects

October 4, 2011
Order Extending Time to File and Serve Objections to Claims

September 22, 2011
Order Authorizing Sale of Real Property and Determination of Non-Homestead

August 26, 2011
Petition for Order Authorizing Sale of Real Property and Determination of Non-Homestead

June 27, 2011
Order Extending Time to File and Serve Objections to Claims

June 13, 2011
Petition for Order Extending Time to File and Serve Objections to Claims

September 29, 2010
Notice To Creditors

Claim Form
Statement of Claim Form

November 17, 2010
Receiver's Letter to Creditors

January 27, 2011
Order Extending Time to File And Serve Objections to Claims

January 24, 2011
Petition for Order Extending Time to File and Serve Objections to Claims

HELPFUL INFORMATION ON COMPLETING YOUR CLAIM FORM:

My office has received several calls from potential creditors requesting clarification on how to complete questions 4 and 5 of the Statement of Claim which are shown below:

4. The claim (IS or IS NOT) contingent or unliquidated. If contingent or unliquidated, the nature of the uncertainty is .

5. The claim (IS or IS NOT) secured. If secured, the security consists of .

The Statement of Claim is asking whether or not your claim IS or IS NOT "contingent", "unliquidated" or "secured". Sample definitions of what may be considered a contingent, unliquidated or secured claim are found below:

Contingent Claim – Generally means a claim that may be owed by the decedent if certain circumstances come to pass; for example, where the decedent is a co-signor or guarantor on a loan.

Unliquidated Claim – Generally means a claim for which a specific value has not been determined.

Secured Claim – Generally means a claim in which the creditor has a lien or mortgage on a collateral of the decedent to secure all or part of the claim; for example a mortgage on a house.

Please note these definitions are merely illustrative and the examples provided are not all-inclusive. To the extent you have additional questions, you are strongly encouraged to discuss your specific claim with your attorney as this office cannot furnish you with legal advice.

You are required to sign your Statement of Claim and follow the instructions in accordance with my letter of November 17, 2010. If you have retained an attorney to assist you with filing your Statement of Claim, they should also sign and complete the information in the area designated. Please do not list me or my attorneys as your attorney on your Statement of Claim. We cannot represent you in this matter as it would be considered a direct conflict of interest. Additionally, I encourage you to send your claim to the Court by certified mail, return receipt requested even though it is not required. This way, you can ensure that your claim has been received by the Court.

MY DUTIES AS CURATOR

Although my duties as Curator are very similar to those as a receiver, these two matters are handled separate and distinct from one another. Some of my duties as Curator include the following:

(1) determining if there are any probate assets;
(2) identifying, gathering, and preparing an inventory the assets of the deceased;
(3) receiving payments due to the estate, including interest, dividends, and other income
(4) setting up a checking account for the estate;
(5) valuing or appraising the estate’s assets;
(7) providing legal notice to potential creditors;
(8) investigating the validity of all claims against the estate;
(9) paying outstanding debts and valid claims;
(10) paying the expenses of administrating the estate;
(11) handling various paperwork, such as discontinuing utilities and charge cards, and notifying Social Security, Civil Service, and Veterans Administration of the death;
(12) filing and paying income and estate taxes;
(13) distributing the remaining property; and
(14) closing the probate estate

LINKS TO PROBATE COURT DOCUMENTS

September 22, 2010
Letters of Curatorship

September 3, 2010
Order Appointing Curator

August 23, 2010
Petition for Appointment of Curator