Can a claim for bad faith be maintained against a decedent’s insurance company, where the claimant failed to file a timely creditor claim against the estate? A new Florida case says yes, the bad faith claim against the insurance company can be maintained.
A spouse's interest in an irrevocable trust, normally established by the spouse's parent or other relative, is not subject to equitable distribution in a divorce. But what about an irrevocable trust established by one of the spouses? A new Florida case holds that an irrevocable trust, established by one spouse for the benefit of the other spouse, is not subject to equitable distribution in a divorce.
The citizenship of a traditional trust for purposes of federal court’s diversity requirement is determined by the citizenship of the trust’s trustees. Diversity jurisdiction is a form of subject matter jurisdiction permitting a federal court to hear a particular case. Complete diversity between the plaintiffs and defendants is required. That means that none of the plaintiffs may be from the same state as any of the defendants.
In Hilgendorf v. Estate of Coleman, the Court held that absent any claim of breach of fiduciary duty in carrying out the terms of the trust, there is no duty to account to a contingent beneficiary during the lifetime of the settlor while the trust is revocable. It stands to reason then that if a contingent beneficiary wished to obtain pre-death accountings during the period when the trust was revocable he or she would have to make a claim for breach.
There are special provisions for the transfer of a Medallion owned by a Decedent. In order to transfer a Medallion, one must look to Chapter 58 of the New York City Taxi and Limousine Commission Rule Book. The Executor, Personal Representative, or Administrator of Decedent’s estate is required to submit a certified death certificate together with the certified letters of administration, or in the case of non-New York domiciliary, ancillary letters of administration or ancillary letters testamentary.
Florida law grants surviving spouses a number of important rights and benefits. It is imperative that a surviving spouse retain counsel with significant experience in the Florida probate process.