Because the majority of Florida estates are sent through the Florida Probate process, it is not uncommon for the courts to be inundated with many “statements of claims” from those who believe they are legally owed a piece of the estate. However, as Florida’s fourth District Court of Appeals recently pointed out, the litigants filing the statements of claims better be ready to support those claims.
In Blechman v. Dely:
- The decedent, Bertram Blechman, died in 2011. He was survived by his wife; his son, Robert Blechman; and his daughter.
- At the time of the decedent’s death, he resided with Arlene Roogow.
- In 2000, decedent executed a will and a revocable living trust.
- In 2009, the decedent and Roogow purchased a residence in Boynton Beach. Later that year, they quitclaimed the residence to the decedent’s revocable living trust, while reserving a life estate for Roogow.
- In 2010, an amendment to the trust provided a gift to Roogow of the decedent’s interest in the residence as well as a statement declaring that Roogow shall remain in the residence and receive $5,000 per month from the trust to pay for the maintenance of the residence.
- After the Decedent’s death, his son, Robert, became the Personal Representative, or executor of the will, as well as trustee for the Decedent’s trust.
- Robert refused to pay Roogow the $5,000 per month, and filed a statement of claim, claiming there was not enough funds in the trust to cover such payments.
- The court ordered that Robert prove his claim, but he couldn’t. In fact, he didn’t even show up to court on the date scheduled for him to show cause for his claims.
- As a result, the trial court slapped him with two counts of contempt of court.
- You can use the following citiation to read more on this case: Blechman v. Dely, 138 So. 3d 1110, 1112 (Fla. Dist. Ct. App. 2014)
Any West Palm Beach Probate litigation attorney can tell you that Florida probate courts can sometimes be tough on frivolous estate claims. But this is especially for claims from those who have the power to control estate administration in Florida.
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