Heirship Determination

46 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Est. of Perry Carlton v. Rogers
  378 So. 2d 1212· Fla.· 1979-03-08 ·cited 55×
  The Court quashed the district court's decision, holding that an adopted daughter of the intestate's deceased brother was not an heir-at-law of the intestate. The Court reaffirmed its prior holding in In re Hewett's Estate, which established that under Florida law prior to 1973 a
• Scott v. Beams
  122 F.2d 777· 10th Cir.· 1941-09-02 ·cited 55×
  The court held that the family settlement contract was not invalid as against public policy and that the trial court's findings of heirship were supported by substantial evidence.
• Pitts v. Pitts
  120 Fla. 363· Fla.· 1935-07-05 ·cited 54×
  The Florida Supreme Court affirmed the Circuit Court's decision vacating a County Judge's order that discharged an estate administrator without proper statutory compliance. The case involves the correct distribution of a deceased soldier's War Risk Insurance policy proceeds follo
• Cone v. Lottie K. Benjamin
  157 Fla. 800· Fla.· 1946-07-26 ·cited 40×
  This case involves competing claims to the estate of Ada Cone Stewart, who died intestate in 1931. The Florida Supreme Court reversed the lower court's dismissal and held that alleged heirs of Ada Cone Stewart, not the heirs of her predeceased husband, are entitled to her estate,
• In re Est. of Elliott Ruff v. Alaine Ruff Braynon and Elliott Ruff, JR.
  159 Fla. 777· Fla.· 1947-12-09 ·cited 24×
  In a Florida intestacy dispute, the Supreme Court held that children born out of wedlock but legitimated by their parents' subsequent marriage inherit as legitimate heirs of their deceased father's estate, even if the marriage was later annulled. The court rejected the argument t
• Butler v. Denton et a
  150 F.2d 687· 10th Cir.· 1945-07-13 ·cited 24×
  The court held that the federal court properly denied the motion to remand and the motion to dismiss, and that the state court judgment did not grant the plaintiff a remainder interest in the disputed fund.
• In re Est. of Horne
  149 Fla. 710· Fla.· 1942-03-17 ·cited 19×
  This case concerns whether an illegitimate daughter, Vera Louise Horne, could inherit from her father, Robert Horne, based on his written acknowledgment of paternity. The court affirmed the lower court's decision, holding that Robert Horne's letters, written in the presence of wi
• Miami Cnty. Nat. Bank of Paola v. Bancroft
  121 F.2d 921· 10th Cir.· 1941-07-17 ·cited 18×
  Federal courts have jurisdiction to determine heirship and property distribution rights, even when probate proceedings are pending in state court. Federal courts are prohibited from enjoining state court proceedings except in bankruptcy cases.
• Maximo Caras v. Edison Purvis Hendrix
  62 Fla. 446· Fla.· 1911-06-01 ·cited 18×
  The Florida Supreme Court held that under Florida law in 1893, a common law marriage between competent parties who consent and cohabit as husband and wife is valid even without compliance with statutory licensing and solemnization requirements. Maximo Caras was therefore the lawf
• Arenas v. United States
  197 F.2d 418· 9th Cir.· 1952-05-13 ·cited 15×
  The court held that a prior judgment determining heirship was void for lack of jurisdiction, and therefore not binding on parties not privy to the original action, nor subject to collateral attack.
• Latta v. W. INV. Co.
  173 F.2d 99· 9th Cir.· 1949-02-25 ·cited 14×
  The court held that the decree of distribution was valid and that the plaintiffs' claims were barred by the statute of limitations and laches.
• Spears v. Spears
  162 F.2d 345· 6th Cir.· 1947-06-05 ·cited 14×
  The federal court lacks jurisdiction over state probate proceedings, including will contests and estate administration, as these are in rem actions exclusively within the purview of state courts.
• Ullendorff v. Brown
  156 Fla. 655· Fla.· 1945-12-11 ·cited 14×
  Eugene Ullendorff and Annette Ullendorff Winnard sought a writ of prohibition to prevent the Circuit Court of the Eleventh Judicial Circuit from proceeding with an equity suit filed by Clyde W. Brown challenging their status as children of the deceased Jennie Ullendorff Gossett B
• Fields v. The United States
  423 F.2d 380· Ct. Cl.· 1970-03-20 ·cited 12×
  The court denied the defendant's motion for summary judgment without prejudice, suspending action pending determination of heirship in Oklahoma state courts.
• In re Est. of Richard A. Lynagh v. Marine Bank & Tr. Co.
  177 So. 2d 256· Fla. 2d DCA· 1965-06-30 ·cited 12×
  The court reversed the trial judge's exclusion of witness testimony and held that an estate administrator cannot actively advocate against heirs' claims in a heirship determination proceeding, but must maintain a neutral position as a nominal party to the case.
• Owens v. Commissioner of Internal Revenue
  125 F.2d 210· 10th Cir.· 1942-01-13 ·cited 10×
  The court held that the amount transferred to Martha was a capital outlay and not deductible as an ordinary and necessary expense or loss. It also held that interest on the tax deficiency was properly exacted.
• Ruff v. Hodel
  770 F.2d 839· 9th Cir.· 1985-09-04 ·cited 9×
  The court held that the statutory language of the Klamath Judgment Distribution Act, which makes the Secretary of the Interior's findings and determinations regarding heirship "final and conclusive," precludes judicial review of such decisions.
• Winnie Ann West v. Reynolds
  35 Fla. 317· Fla.· 1895-01-01 ·cited 9×
  The Florida Supreme Court reversed a decree awarding damages to heirs of a deceased intestate against his administratrix widow, holding that the complaint's allegations regarding the plaintiffs' right to sue were too vague and uncertain to survive a demurrer. The court emphasized
• In re Est. of Parris Jerrido
  339 So. 2d 237· Fla. 4th DCA· 1976-10-22 ·cited 8×
  Ruth Jerrido appealed orders in consolidated estate administration cases, claiming to be the common-law widow of Parris Jerrido and challenging the trial court's determination that five children of Rebecca Smith were illegitimate children of the deceased entitled to inherit. The
• Allen v. Markham
  147 F.2d 136· 9th Cir.· 1945-01-24 ·cited 8×
  The federal district court lacked jurisdiction over a matter of probate, which is exclusively within the purview of the state probate court.
• In re Est. of Jacob TIM v. Fishel Rudawski
  180 So. 2d 161· Fla.· 1965-06-09 ·cited 7×
  The Florida Supreme Court addressed the burden of proof required for escheatment of an estate to the state. The court held that claimants must prove their relationship to the decedent, and the state's burden is met by showing diligent inquiry failed to find ascertainable heirs.
• Harlan v. Sparks
  125 F.2d 502· 10th Cir.· 1942-01-12 ·cited 7×
  The court held that the probate court's decree determining heirship was invalid due to defective notice, and that the quiet title action was properly brought in federal court.
• Esgro v. James T. Trezza, M.D.
  492 So. 2d 422· Fla. 4th DCA· 1986-07-16 ·cited 6×
  A widow sought to prevent exhumation of her deceased husband's body for an autopsy in a medical malpractice case. The trial court granted the physician-defendant's motion to exhume, and the appellate court affirmed, holding that courts have discretion to order exhumation when it
• Apolonia Cruz v. Gardner
  375 F.2d 453· 7th Cir.· 1967-03-30 ·cited 6×
  The court held that an ex parte Indiana court order determining heirship was not binding on the Secretary of Health, Education, and Welfare for Social Security Act benefits, and that Indiana law required paternity to be established during the father's lifetime or marriage and ack
• Hayes v. Seaton
  270 F.2d 319· D.C. Cir.· 1959-07-09 ·cited 4×
  The court held that the Secretary of the Interior's decision determining the legal heirs of a deceased Indian allottee is final and conclusive and not subject to judicial review unless arbitrary or unreasonable.
• Locke v. Est. of Joseph E. Campbell
  305 So. 2d 825· Fla. 1st DCA· 1975-01-06 ·cited 3×
  This case addresses whether an illegitimate child born after his parents' divorce can inherit from his biological father's estate under Florida's succession statute, based on a written acknowledgment of paternity. The court affirmed that James Wendell Campbell, as the acknowledge
• Jones v. Mrs. Jacquelyn Steiner
  481 F.2d 392· 5th Cir.· 1973-07-09 ·cited 3×
  The court affirmed the dismissal of the Workmen's Compensation and wrongful death claims, finding that the district court properly declined to grant declaratory and injunctive relief, allowing plaintiffs to vindicate rights in state courts.
• In re Est. of Perry Carlton v. Alberta Carlton Hayes
  348 So. 2d 896· Fla. 4th DCA· 1977-01-14 ·cited 2×
  Lucy Carlton Rogers, adopted daughter of Perry Carlton's deceased brother, appealed a circuit court ruling that she was not an heir to Perry Carlton's intestate estate. The Fourth District Court of Appeal reversed, holding that adopted children are descendants of their adoptive p
• Barnhart v. Hickman
  435 F.2d 913· 10th Cir.· 1970-12-30 ·cited 2×
  A quitclaim deed conveying an heir's interest in property is valid even if the county court fails to recognize it in its final distribution decree, as the court's jurisdiction is limited to determining succession, not the legal effect of conveyances.
• Commercial Ins. Co. v. Ramos
  243 F.2d 488· 1st Cir.· 1957-04-11 ·cited 2×
  The court held that it lacked jurisdiction over the appeal concerning local Puerto Rican law, as the amount in controversy did not exceed $5,000, and dismissed the appeal.
• Blacker v. Thatcher
  145 F.2d 255· 9th Cir.· 1944-10-18 ·cited 2×
  Federal courts have jurisdiction to construe wills and determine heirship, even when an estate is pending probate in state court, provided diversity jurisdiction exists.
• Wallace v. Watkins
  253 So. 3d 1204· Fla. 5th DCA· 2018-08-17 ·cited 1×
  Bernice Wallace and Rodney Strawter appealed an order reopening the summary administration of Helen Watkins's estate and determining that Terry Watkins Sr., Delphine Watkins, and Joyce Watkins were intestate heirs despite their exclusion from the original 2001 summary administrat
• Dixon v. Dixon Bellamy
  252 So. 3d 349· Fla. 3d DCA· 2018-07-25 ·cited 1×
  A claim to establish paternity for purposes of intestate succession is barred by the four-year statute of limitations under section 95.11, Florida Statutes, which expires four years after reaching the age of majority. The 2009 amendment to section 732.108(2)(b) that eliminated th
• Inger Sofe Savas Berkow v. Isaevna
  983 So. 2d 1242· Fla. 3d DCA· 2008-06-25 ·cited 1×
• Reid v. Amerifund Equity Grp.
  Fla. 4th DCA· 2026-08-19
  Valid disclaimers executed under Florida Statute § 739.104 preclude heirs from claiming any interest in foreclosure surplus proceeds, and such disclaimers are not subject to the additional requirements imposed by § 45.033(3) for voluntary transfers, as inheritance transfers are i
• Wallace v. Watkins
  Fla. 5th DCA· 2018-08-13
  The nonclaim statute does not bar heirship claims, and heirs lawfully entitled to share in an estate but not included in summary administration may enforce their rights in appropriate proceedings against those who procured the original order.
• In re Est. of U. J. Bragg v. Bragg
  334 So. 2d 271· Fla. 3d DCA· 1976-05-04
  The court held that the trial court's finding of a common law marriage was supported by substantial competent evidence and that the exclusion of post-1968 documents was harmless error.
• In re the Est. of Mario Tojeiro v. Rosa Marina Tojeiro
  303 So. 2d 367· Fla. 3d DCA· 1974-10-22
  The court affirmed that Rosa Marina Tojeiro, born to Mario Tojeiro and Secundina Ramos in a common-law marriage in Cuba, is a legitimate heir to her father's estate and need not comply with Florida's statutory requirements for acknowledging illegitimate children. The case turns o
• Gordon v. Matthews
  273 F.2d 525· D.C. Cir.· 1959-12-23
  The court held that while declaratory judgment is authorized, the Probate Court is the proper forum to determine heirship and marital status, not the District Court in the first instance.
• In re McAFEE'S Estate
  10 Fla. Supp. 108· Dade Cty. J. Ct.· 1956-08-27
  In an estate administration proceeding, the court authorized an administrator to deposit estate funds in a bank account under court supervision as a substitute for posting an additional bond, and subsequently approved the administrator's final accounts and ordered distribution of
• Chapman v. Ezekiel Dorsey
  82 So. 2d 498· Fla.· 1955-09-21
  Dana Dorsey Chapman appealed multiple probate orders in the estate of her deceased father, D. A. Dorsey, challenging determinations of beneficiaries and distributions that had been settled by stipulated compromise in 1952. The Florida Supreme Court dismissed all appeals as frivol
• Harjo v. Camp
  169 F.2d 545· 10th Cir.· 1948-08-09
  The court held that a compromise settlement, approved by the County Court and the Secretary of the Interior, and fully understood by the plaintiff, barred him from asserting any further claim to the estate, even after fourteen years.
• United States v. McCARTY
  144 F.2d 341· 10th Cir.· 1944-07-31
  A husband who abandoned his lawful wife and entered into a bigamous marriage is not estopped from inheriting from his deceased wife's estate under Oklahoma law, as statutory inheritance rights are not forfeited by such conduct absent explicit statutory prohibition.
• Joseph H. Butters cum Testamento Annexo of the estate of Loomis C. Gowen v. Gowen
  138 Fla. 250· Fla.· 1939-05-23
  This case concerns whether a motion to dismiss for lack of jurisdiction, filed under a special appearance, constitutes a general appearance. The appellate court held that it does, affirming the lower court's order.