LEILA WILLIAMS, ETC.,
v.
BARBARA WILLIAMS, ET AL.,
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BOKOR, J.
We agree with the trial court that, under the circumstances present here, no precedent exists to reopen an estate that was fully administered and discharged over 60 years ago. See Hannan v. Doyle, 337 So. 3d 1258, 1258 (Fla. 3d DCA 2022) (citing Carraway v. Carraway, 883 So. 2d 834, 835 (Fla. 1st DCA 2004) for the proposition that “Florida case law appears to only permit the reopening of an estate after the discharge of the personal representative where there were procedural irregularities or facts constituting fraud or bad faith”); but see, e.g., Egger v. Egger, 506 So. 2d 1168, 1168–69 (Fla. 3d DCA 1987) (determining that the statute of limitations in section 95.22, Florida Statutes (1985) doesn’t bar an action to quiet title initiated by heirs of the decedent).
The record contains no allegation of procedural irregularities, fraud, or bad faith. Finding no error with the trial court’s determination, we affirm the dismissal.
However, applying the same logic, as no basis existed for the probate court to assume jurisdiction and reopen an otherwise duly administered estate, discharged in 1960, no basis exists for the probate court to make further findings as to the lawful owner of the subject property. As the matter was not properly before the probate court, the court possessed no jurisdiction to make such findings. We therefore vacate the portion of the order on appeal (designated as paragraph (A) in the “Further Ordered and Adjudged” portion of the order on appeal) that purports to determine ownership of the subject property.
Affirmed in part and reversed in part.
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Citator
Cited By
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Leila Williams v. Williams, 337 So. 3d 1258 (Fla. 3d DCA 2023)…BOKOR, J. We agree with the trial court that, under the circumstances present here, no precedent exists to reopen an estate that was fully administered and discharged over 60 years ago. See Hannan v. Doyle, 337 So. 3d 1258, 1258 (Fla. 3d DCA 2022) (citing Carraway v. Carraway, 883 So. 2d 834, 835 (Fla. 1st DCA 2004) for the proposition that “Florida case law appears to only permit the reopening of an estate after the discharge of the personal representative where ther…
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Gilbert v. In re Riley (Fla. 3d DCA 2026)…he alleged fraud committed by personal representative, e.g., withholding material information about surviving spouse's rights where the personal representative had a duty to disclose this information in that capacity) (quoting Carraway v. Carraway, 883 So. 2d 834, 835 (Fla. 1st DCA 2004)). While an objection based on fraud can serve as a basis to reopen the estate for further administration, see Van Dusen v. Se. First Nat. Bank of Miami, 478 So. 2d 82, 91 (Fla. 3d DCA 1985) (“If the personal representative…
Authorities Cited
- Carraway v. Carraway, 883 So. 2d 834 (Fla. 1st DCA 2004)
- Leila Williams v. Williams, 337 So. 3d 1258 (Fla. 3d DCA 2023)