Florida remains the largest recipient of state-to-state migration in the US
Continue Reading Is a surviving spouse’s community-property claim subject to the filing deadlines for probate “creditor” claims?
Florida statute section 46.021 tells us that “[n]o cause of action dies…
Continue Reading Can I sue a decedent’s insurance company if my probate creditor claims are time barred?Just because someone’s Will says you’re their personal representative (PR) doesn’t make…
Continue Reading Can the 500-year-old “relation back” doctrine be used to block today’s $4 million probate creditor claim?Golden v. Jones, — So.3d —-, 2015 WL 5727788 (Fla. October…
Continue Reading Fla/3d DCA: What’s a “reasonably ascertainable” probate creditor and why should you care?
One of the decedent’s two sons claimed his father owed him over…
Continue Reading If a probate creditor files his “independent action” in the wrong division of the circuit court, should the action be dismissed or transferred?The traditional rule is that an action for divorce is purely personal…
Continue Reading If the judge adjudicating your divorce enters final judgment, but retains jurisdiction to decide property issues, does that jurisdictional authority evaporate if one of the parties to the original divorce proceeding dies?