Claims Against Decedent'S Estate

17 Florida cases classified under this topic · sorted by citation count · browse and sort

• North v. Leome Culmer
  193 So. 2d 701· Fla. 4th DCA· 1967-01-05 ·cited 34×
  Three consolidated appeals challenging a summary judgment that barred negligence claims against a deceased's estate for non-compliance with Florida's statutory claims procedure. The court held that an insurance company's extended settlement negotiations can create an equitable es
• Merchs. Nat'l Bank & Tr. Co. OF Indianapolis v. United States & Gary Campbell
  246 F.2d 410· 7th Cir.· 1957-06-20 ·cited 20×
  The court held that a state probate court decree, obtained through a non-adversary proceeding where the United States was not a party, is not binding on the IRS regarding federal estate tax liability.
• In re The Est. OF Wilbur E. Kulow
  439 So. 2d 280· Fla. 2d DCA· 1983-09-23 ·cited 14×
  State Farm sought reimbursement for an insurance overpayment made to a hospital on behalf of a deceased insured, but filed the claim after the statutory deadline. The court held that State Farm's claim, arising after the decedent's death, was not subject to the nonclaim statute a
• Gates Learjet Corp. v. Moyer
  459 So. 2d 1082· Fla. 4th DCA· 1984-09-26 ·cited 11×
  Gates Learjet Corporation sought to quash summary judgments granted against its crossclaims for contribution against the estates of two pilots who died in a Learjet crash. The court held that Florida's non-claim statute bars contribution claims against deceased tortfeasors' estat
• Carlton v. Carlton
  575 So. 2d 239· Fla. 2d DCA· 1991-02-06 ·cited 10×
  Ben and Winston Carlton appealed the dismissal of their complaint alleging intentional interference with their expectancies in their parents' estates by their deceased brother Mabry Carlton. The court reversed, holding that a cause of action for tortious interference with expecte
• In re the Est. OF Richard Robertson
  520 So. 2d 99· Fla. 4th DCA· 1988-02-17 ·cited 10×
  The Florida Fourth District Court of Appeal affirmed the trial court's decision to vacate an order of family administration that had named the decedent's mother as sole heir, instead recognizing his illegitimate daughter Nicole as the sole heir after establishing his paternity th
• Grayson v. Gertrudis Maeder
  186 So. 2d 796· Fla. 3d DCA· 1966-05-24 ·cited 8×
  This case involves an interlocutory appeal from an order denying a motion to dismiss a second amended complaint filed against a decedent's estate, concerning a property settlement agreement and allegations of fraud.
• Woods v. Klobuchar
  257 F.2d 313· 7th Cir.· 1958-07-01 ·cited 6×
  The court held that a federal court in a diversity action must apply the forum state's statute of limitations, even if it bars the claim.
• Ohio Cas. Ins. Co. v. Farmers Bank of Clay
  178 F.2d 570· 6th Cir.· 1949-12-12 ·cited 6×
  The court held that the amended complaint sufficiently alleged an actual controversy, and the district court erred in dismissing the declaratory judgment action based on untimeliness of amendments and lack of controversy.
• Thompson v. Harris
  150 Fla. 471· Fla.· 1942-05-01 ·cited 6×
  The court held that an amendment to an answer seeking new, independent, and inconsistent relief, particularly claims against an estate, is improper and should be stricken.
• Tsuji v. Fleet
  326 So. 3d 143· Fla. 1st DCA· 2021-08-04 ·cited 2×
  This case concerns whether claims against a deceased tortfeasor's estate and their insurer are time-barred. The appellate court affirmed the trial court's decision, holding that claims against the estate and the employer (vicariously liable) were time-barred under Florida's Proba
• Athena F. Grainger v. Wald
  29 So. 3d 1155· Fla. 1st DCA· 2010-02-12 ·cited 2×
  The personal representative of an estate sought to strike a creditor's claim as untimely under Florida's probate statute, which requires claims be filed within 30 days of notice. The probate court denied the petition because service was made on the creditor's personal injury atto
• Velzy v. In re The Est. OF Ashley Rodman Miller
  502 So. 2d 1295· Fla. 2d DCA· 1987-02-20 ·cited 2×
  The court held that the appellant's claim against the estate was untimely filed and that the trial court properly struck the claim and denied the motion for an extension of time.
• O'Flarity v. Gurley
  22 Fla. Supp. 196· Duval Cty. Cir. Ct.· 1964-04-06 ·cited 2×
  In this execution and creditor's rights case, the court held that mere publication of a notice of sale without any other overt act does not constitute a valid levy on real property subject to execution. Additionally, the court interpreted Florida Statute 733.19 to require that wh
• In & for New Castle Cnty. Nicholas A. Ruggerio v. Civil Action No. 18961-NC Est. OF Michael A. Poppiti, SR.
  Del. Ch.· 2005-02-23
  The court held that property held in constructive trust by a decedent is not part of the decedent's estate and thus not subject to the estate's statute of limitations. The court also held that while a three-year statute of limitations applies to breach of fiduciary duty claims, a
• United States v. Stevenson
  159 F. Supp. 2d 1371· M.D. Fla.· 2001-03-05
  The United States is not bound by state statutes of limitations when asserting claims in its governmental capacity, and a Certificate of Assessments and Payments is presumptive proof of a valid tax assessment.
• Bird v. Sullivan
  316 F.2d 675· D.C. Cir.· 1963-03-21
  The court held that a probate court lacks jurisdiction to compel executors to pay attorney fees directly; it can only allow such fees in the executors' accounts.