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Are You Entitled to Interest on Your Judgment From Florida Probate Court?

Uncategorized Feb 18, 2016
post about Are You Entitled to Interest on Your Judgment From Florida Probate Court?

Florida estate lawyers can tell you interest on a probate judgment matters. Do you know how much interest you get on a savings account? It could be as little as or less than 1% but guess what, judgments in Florida sometimes have interest rates attached that exceed 4.7%! That is one good return, ask any Florida will contest lawyer. Do you know the rules on interest in a Florida probate matter?

Judgment Interest

  • Florida probate attorneys know there are two types of interest to worry about.
  • Post judgment interest is easier to understand so we should start there.
  • What is post judgment interest?
  • When you get a judgment in Florida the defendant becomes a debtor and they owe you the amount of that judgment.
  • Money becomes less valuable with time so there is a bad incentive for judgment debtorsto not pay the will contestant in Florida who succeeds in probate court.
  • The Florida legislature sets this interest rate.
  • At the time of this blog the rate is 4.75% which is not too shabby!
  • Again that is more than you are going to get out of your savings account these days!
  • The other type of interest is prejudgment interest.
  • Want to learn more about that?
  • Check out this recent probate appeal.

In re Estate of Sogliuzzo

  • This was an appeal that centered around a final judgment in favor of an estate.
  • It was determined that the defendant had improperly taken over $500,000 from the estate in Florida.
  • Probate attorneys Florida know this is the type of case where prejudgment interest may get tricky.
  • Does it start counting from the day the money was taken or the day the lawsuit was filed about it?
  • Florida probate litigation regularly deals with these same issues.
  • What do you think the right answer is?

Want to learn more about estate litigation in Florida?

Check out the entire case by clicking here.

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