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Florida Probate, Trust and Estate Blog

The Jose Fernandez Estate: Questions, Uncertainty

Jose Fernandez, a once promising young starting pitcher for the Miami Marlins, was killed when the boat he was aboard crashed into a jetty off the Miami Beach coast. Authorities and initial reports stated that Fernandez was accompanied by two other individuals (Jesus Macias and Eduardo Rivero) at the time of the crash. 

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Bad Faith Claim against Decedent’s Insurer not Subject to Creditor Claim Period

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.

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How To Probate A New York City Taxi And Limousine Commission Medallion

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.

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Do You Have to Probate a Will in Florida

We are often asked whether you have to probate a will in Florida.  The simple answer is that you never have to probate a will. 

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How to Probate a Will in Florida

Probate of a will in Florida has a number of standard steps.  

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Attorneys of Clark Skatoff Successfully Administer Joint Florida - Canadian Estate

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. 

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Should I Sign a Waiver of Accounting in Probate?

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?

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Florida Probate Creditor Claim Not E-Filed Rejected as Untimely

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. 

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Relation Back Doctrine Validates Notice to Creditor Published Prior to Appointment

Whether a creditor claim has been timely filed in a Florida probate proceeding is an often-litigated issue.  For all creditor claims, they must be filed in the probate proceeding no later than two years after death.  If the personal representative publishes a notice to creditors in the local newspaper, creditors have three months within which to file a creditor claim.  If the creditor was "reasonably ascertainable," the creditor has at least 30 days from receipt of the notice within which to file the creditor claim (but in no event more than two years from death).  A reasonably ascertainable creditor who does not receive a notice to creditors is only barred by the two year time limit. 

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Florida Probate Creditor Claims For Child Support Arrearages

Can an adult child bring a claim against a deceased parent’s estate for unpaid child support owed pursuant to a marital support agreement if the living parent has filed a claim? In Davis v. Hengen, the Florida appellate court provided the answer: no.

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