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.
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.
Probate of a will in Florida has a number of standard steps.
Florida has long been a haven for seasonal residents and “transplants” who have relocated or retired to Florida. From a probate standpoint, it is not uncommon for these individuals to hold property—real estate in particular—outside of Florida at the time of death. When a Florida resident dies owning real property outside of Florida, a foreign probate, known as ancillary administration, may be required. Recently, as a result of a very unique litigated matter, the attorneys of Clark Skatoff PA successfully completed the administration of an ancillary probate in the province of British Columbia in Canada.
In many probate administrations, the beneficiaries will be asked to sign a waiver of accounting, so as to release the personal representative of the estate from having to account to the beneficiaries. Should you sign the waiver of accounting?
Creditor claims in Florida probate actions are often the topic of litigation, particularly when it comes to the timely filing of a statement of claim by a creditor. In United Bank v. Estate of Edward Frazee, the Florida court of appeal ruled that even though a creditor claim was timely received for filing by the clerk of court in paper format, the creditor claim was untimely because the attorney did not e-file the creditor claim.