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?
Can I sue a decedent’s insurance company if my probate creditor claims are time barred?
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?Can an e-filing mistake blow your probate creditor filing deadline?
Can the 500-year-old “relation back” doctrine be used to block today’s $4 million probate creditor claim?
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?4th DCA: Can a probate judge use his “equitable powers” to override our Probate Code?
Fla/3d DCA: What’s a “reasonably ascertainable” probate creditor and why should you care?
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?
If a probate creditor files his “independent action” in the wrong division of the circuit court, should the action be dismissed or transferred?
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?Probate judge to personal representatives: “there is a higher power that [you’re] accountable to and, short of God, that’s me.” 4th DCA says not so fast.
5th DCA notes conflict with 4th DCA while siding with 1st and 2nd DCA’s on when “reasonably ascertainable” creditor’s filing deadline begins to run; issue to be decided by Florida Supreme Court
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?
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?