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Showing posts from October, 2018

Johnson v. Townsend

Johnson v. Townsend, 259 So.3d 851 (Fla. 4th DCA 2018)
This is an interesting decision about the intersection of community property law and Florida probate claims. The decision centers around whether a surviving spouse who is claiming an interest in purported community property must file a timely claim against the estate. The Court held that such a claim is a claim under the Florida Probate Code and that no exceptions exist to usurp the time deadlines for filing a claim in these types of proceedings.
Prior to the decedent's death, he acquired property with his wife while domiciled in Texas, a community property state. The property was titled solely in the decedent's name. Following the decedent's death, and after more than 3 months had passed since the notice to creditors was published and over two years had passed since the decedent's date of death, the wife filed a "Petition to Determine and Perfect Surviving Spouse's Community Property Interest in Estate Asse…