Golden v. Jones, — So.3d —-, 2015 WL 5727788 (Fla. October 1, 2015)
A cause of action against a probate estate is private property that’s protected by the Fourteenth Amendment’s due process clause. Which means it can’t be …
4th DCA: If a probate creditor files his “independent action” in the wrong division of the circuit court, should the action be dismissed or transferred?
West v. West, — So.3d —-, 2013 WL 5989234 (Fla. 4th DCA November 13, 2013)
One of the decedent’s two sons claimed his father owed him over $50,000 when he passed away. To collect on this debt son filed …
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.
Vazza v. Estate of Vazza, — So.3d —-, 2014 WL 4082864 (Fla. 4th DCA August 20, 2014)
On average Broward County’s probate judges each took on 2,848 new cases in FY 2012-13 (see here). The unavoidable consequence of …
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
Souder v. Malone, — So.3d —-, 2014 WL 3756356 (Fla. 5th DCA August 01, 2014)
Assuming I file my creditor claim before the 2-year post-death deadline set by F.S. 733.710 (Florida’s “statute of repose” for probate creditor …
2d DCA: 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?
Passamondi v. Passamondi, — So.3d —-, 2014 WL 228648 (Fla. 2d DCA January 22, 2014)
The traditional rule is that an action for divorce is purely personal in nature and that the death of one of the parties causes …
Asset protection planning = DANGER FOR LAWYERS
Asset protection planning’s a high risk practice area that many estate planners “dabble” in. In my opinion, that’s a big mistake. Why? Because this kind of work is a minefield of potential liability for lawyers, no matter how careful you …
Does F.S. 56.29 give a Florida court personal jurisdiction over a Kentucky trustee absent a basis for personal jurisdiction under Florida’s long-arm statute?
Jarboe Family and Friends Irrevocable Living Trust v. Spielman, — So.3d —-, 2014 WL 185215 (Fla. 2d DCA January 17, 2014)
This case involved a Florida judgment creditor trying to sue a Kentucky trustee/trust in Florida. The Kentucky trustee …
4th DCA splits with 1st and 2nd DCA’s on when “reasonably ascertainable” creditor’s filing deadline begins to run
Golden v. Jones, — So.3d —-, 2013 WL 5810360 (Fla. 4th DCA October 30, 2013)
So here’s the question that’s been roiling certain quarters of our probate bar for the last few years: Assuming I file my creditor claim …
4th/5th DCA: Promises, promises . . . Are oral agreements enforceable in inheritance disputes?
In the trusts and estates world, if it’s not in writing it usually doesn’t count. We all know wills have to be in writing, F.S. 732.502, and the same goes for most trusts, F.S. 736.0403(2). And most of …
4th DCA: New York creditor’s claim vs. Florida ancillary estate: whose statute of limitations periods apply: NY or FL?
Staum v. Rubano, — So.3d — , 2013 WL 4081055 (Fla. 4th DCA August 14, 2013)
If you’re domiciled in one state at death (say New York), but own real property in another state (say Florida), your estate may …