JOAN JOHNSON
v.
LEE TOWNSEND
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The court declined to reconsider its decision but certified a question of great public importance to the Florida Supreme Court regarding the treatment of a surviving spouse's vested community property rights in probate estate claims procedures.
[1] A surviving spouse's petition to determine and perfect a community property interest in estate assets constitutes a "claim" against the estate for purposes of statutory d…
[2] A claim against a decedent's estate must be filed within three months after the first publication of the notice to creditors, or 30 days after service of the notice, whic…
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Join FLexlaw to unlock all legal intelligenceA dispute arose concerning whether a surviving spouse's vested community property rights constitute part of the deceased spouse's probate estate and a…
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GERBER, C.J.
We deny appellant's motion for rehearing and/or rehearing en banc. However, we grant appellant's motion to certify to the Florida Supreme Court the following question of great public importance:
Whether a surviving spouse's vested community property rights are part of the deceased spouse's probate estate making them subject to the estate's claims procedures, or are fully owned by the surviving spouse and therefore not subject to the estate's claims procedures.
LEVINE and KLINGENSMITH, JJ., concur. * * * No further motion for rehearing shall be permitted.
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- Headley v. City OF Miami, 215 So. 3d 1 (Fla. 2017)
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- Scott v. Reyes, 913 So. 2d 13 (Fla. 2d DCA 2005)