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Delayed Discovery in Florida Probate Litigation: statute of limitations still applies

Uncategorized Oct 11, 2013

Are you involved in probate litigation? ….. A dispute involving an inheritance, a trust , a bank account or Florida real property?   If you are, the law does not help those who sit on their rights, but rather assists those who exercise those rights.  Many know that one must file a lawsuit to enforce your rights to a probate, in an estate, or to property within the appropriate statute of limitations.  Failure to timely file a lawsuit prevents you from seeking relief.  A recent case involving an estate of a deceased Florida resident dealt with the very unique legal concept known as the delayed discovery doctrine.  In many instances, this will not be applicable to probate matters, trust or guardianship matters……  Unless, however, the plaintiff or defendant is the estate of a deceased Florida resident.  The delayed discovery doctrine deals with intentional wrongs, or torts, committed by someone against another who, so shocked by the intentional torts, has his or her memory of the tort suppressed.  The delayed discovery doctrine is very limited in its application to charges of sexual abuse.   In a recent case, the delayed discovery doctrine was an issue regarding charges of clergy abuse.   The delayed discovery doctrine may be applicable to permit a victim to file a lawsuit years after the statute of limitations has run if the victim’s memory of the abuse was suppressed and the tort or abuse was intentional, not negligent.   A recent case discussed this matter, which involved a Florida personal representative as a party, and a Florida estate.  For a copy of it, please email michelle@pankauskilawfirm.com  .   This recent decision discussed the “main” cases on this subject, notably the Hearndon case and the Davis v. Monahan case.  Its application is very limited to specific circumstances outlined by the court and will not have much application for Florida estates unless, like this recent case, an estate is a party.