Florida Legal Topics

Port Orange Legal News - Estates

The Law Office of Paul Bernardini

Estates - Creditors' Claims

If a known or reasonably ascertainable creditor is never served with a copy of the notice to creditors, statute of limitations in section 733.702(1), Florida Statutes, never begins to run and the creditor's claim is timely if it is filed within two years of the decedent's death. Where claim was filed within two years of decedent's death, it was error for trial court to strike the claim as untimely without first determining whether claimant was a known or reasonably ascertainable creditor. Golden v. Jones, 38 Fla. L. Weekly D2259a (Fla. 4DCA 2013).

Estates, Wills & Post Nuptial Agreements

The Fourth District Court of Appeal ruled on October 5, 2011 that the wife survived her husband waived her right to be a beneficiary under her husband's Will when she executed a post nuptial agreement in which she waived "all rights". Steffens v. Estate of Steffens, 36 Fla. L. Weekly D2184.