Florida Probate Litigation Lawyer Blog

In addition to Florida’s strict two-year rule discussed last week in Part 1 of this blog post, there may also be shorter time periods to bring a claim depending on the type of creditor and the nature of the claim. Whereas Section 733.710 is a jurisdictional statute of nonclaim, Section 733.702 is a statute of limitation that may bar claims not instituted in a timely manner. Section 733.702 has been described as “‘an absolute bar’ to untimely filed claims,” with only very limited grounds upon which to seek an extension to the time limitation, the two primary grounds for extension being fraud or estoppel. Morgenthau v. Estate of Andzel, 26 So.3d 628, 631 (Fla. 1st DCA 2009). In Mr. Robson’s case, the fact that he was almost certainly not an ascertainable creditor (especially given his repeated denials, under oath, that Jackson molested him) means that no personal service of creditor notice would be required, and notice by publication would be sufficient. For claims “against the decedent’s estate that arose before the death of the decedent,” potential claimants that are not ascertainable are given a three month window in which to bring the claim. § 733.702(1), Fla. Stat. In addition to Jackson’s estate publishing a notice of administration on December 22, 2009, there is a fairly high probability that Mr. Robson knew about Mr. Jackson’s demise and the administration of his estate; that is, of course, unless Mr. Robson was on an extended vacation in Amish Pennsylvania, or perhaps on a walkabout in the Australian Outback. Because time periods to bring a claim vary depending on a multitude of factors, you should contact a probate attorney as soon as possible upon learning of EITHER the death of an individual against whom you believe that you have a claim or the probate of that individual’s estate. While every individual’s best course of action will vary and he or she should have individualized legal advice, as a general rule of thumb, it is not advisable to sit by idly for nearly four years before bringing a claim, especially when you repeatedly denied during the life of the decedent the exact underlying facts upon which your claim is premised.
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June 25, 2013 will mark the four-year anniversary of the untimely demise of the man affectionately referred to by the masses as the King of Pop: Michael Joseph Jackson. Despite suffering from an infirmity that has ended the professional pursuits of actors, entertainers, and businessmen alike (Death!), Forbes Magazine reported in 2012 that Michael Jackson earned more money in the three years following his death than any other living artist. In fact, during those three years, Michael Jackson’s estate generated nearly half a billion dollars. Although unclear whether the result of Jackson’s vastly expanding fortune or his use of high priced attorneys during his life to defend him on multiple legal fronts, more than 55 creditor’s claims were filed in the months following the following Michael Jackson’s Last Will being admitted to probate on August 3, 2009 when Special Letters of Administration were issued and the notice of death was published. With claims ranging from the thousands of dollars to over one billion dollars, the 24 months following his death saw a flurry of creditors asserting claims against Jackson’s estate. While new claims have been nearly nonexistent over the past year and a half, May of 2013 saw an explosive new claim levied by a familiar face from Michael’s past: Wade Robson, star defense witness in Michael Jackson’s 2005 criminal trial. Robson, who had for years maintained that Jackson never sexually molested him, claimed that he had uncovered repressed memories of molestation by Jackson and asked a California probate court to allow him to file a late creditor’s claim against the Estate of Michael Jackson, based on new allegations sexual abuse alleged to have occurred over 20 years ago.
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