Posts

Showing posts from August, 2014

Souder v. Malone

Souder v. Malone, --- So.3d --- (Fla. 5th DCA 2014), 2014 WL 3756356
Well it looks like we have another district weighing in on the debate over the timeliness of a creditor's claim filed by a known or reasonably ascertainable creditor after the three-month period following publication of the notice to creditors. 
Back in October of 2013, the 4th DCA in Golden v. Jones held that where a known or reasonably ascertainable creditor is not served with a copy of the notice to creditors, that creditor's claim is timely if filed within two years of the decedent's death.  The Golden decision is in conflict with the 1st and 2nd DCAs' Lubee and Morgenthau decisions, which held that even a reasonably ascertainable creditor who was not served with a notice to creditors is required to file a claim within the three-month publication period.
The 5th DCA has now taken a stance of the issue, siding with the 1st and 2nd DCAs.  Here, a creditor filed three separate claims after the three-mon…