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Florida Probate, Trust and Estate Blog

Creditor Claims in Probate - Timing is Everything

Creditor claims in probate are subject to two statutes of limitation within which a creditor claim must be filed with the probate court.  

The first creditor claim limitation period is the 30 day / three month rule, which requires that a claim be filed within the later of (i) 3 months after the first publication of the notice to creditors (which is filed in the local business newspaper or the paper of general circulation), or (ii) 30 days after the creditor is served with a copy of the notice to creditors. 

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Tax Deposits in Estate Litigation

When large taxable estates are involved in litigation, estate tax issues can be tricky. This problem is most pronounced where one outcome of the litigation would result in less estate tax being paid. For example, if an adult child is the beneficiary of the last will, but a charity is the beneficiary of a prior will, and the child and the charity are litigating over which is the valid will, how much estate tax will ultimately be owed is unknown. 

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Undue Influence in Florida: Presumptions & Burden of Proof

Probate and trust litigators in Florida deal with allegations of undue influence in the creation of a will or trust more than any other issue.  Florida law makes use of a series of presumptions in controlling the outcome of undue influence cases.  

In Estate of Madrigal v. Madrigal (3rd DCA 2009), the appellate court affirmed the trial court's revocation of a will as a result of undue influence, basing its holding on the presumptions that apply in undue influence cases: 

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