Brown v. Brown


Brown v. Brown, 169 So.3d 286 (Fla. 4th DCA 2015), 2015 WL 4269921

This decision serves as a nice reminder about a court's jurisdiction over real property.  A circuit court in an estate proceeding cannot direct a personal representative to divide and distribute a decedent's real estate in another state, since the court lacks in rem jurisdiction to order and partition the sale of that real property.  To properly partition out of state real property, a personal representative is required to open an ancillary action in that state.  F.S. 64.022.

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