Showing posts from 2021

Estate of McKenzie v. Hi Rise Crane, Inc.

  Estate of McKenzie through McIntosch v. Hi Rise Crane, Inc. , --- So.3d ---, 2021 WL 3672215 (Fla. 1st DCA 2021) The "relation back doctrine" as provided in F.S. 733.601 provides that a personal representative's powers "relate back in time to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effect as those occurring after appointment." Here, the nominated personal representative filed a workman's compensation petition for benefits on behalf of her deceased brother prior to her appointment as personal representative. The Judge of Compensation Claims dismissed her petition because she was not the personal representative when she filed the petition. The Court reversed, relying on Cunningham v. Florida Dep't of Child & Fams. , which held that, "it follows, from the fact that the plaintiff can amend to reflect his capacity as personal representative, that claims which are properly recoverable by

White v. Marks

  White  v. Marks , --- So. 3d --- (Fla. 5th DCA 2021) This decision involves a strange set of facts under which a purported heir attempted to assert rights as a beneficiary and child of the decedent, even though she was neither the biological child of the decedent nor adopted by him. The decedent's will specifically provided that the decedent "intentionally made no provision under this will" for his "adopted daughter." This decision ultimately turned on whether (1) the statute of limitations to determine paternity had expired, and (2) whether certain writings were acknowledgements of paternity under F.S. 732.108(2).  Even though the purported heir was not the biological child of the decedent or adopted by him, his name was listed as her father on her birth certificate. Apparently, her mother was pregnant with her when she met the decedent, and he agreed to be listed on her birth certificate so that she could avoid the social stigma attached to an out-of-wedlock