Florida 3d DCA: Snow v. Wells Fargo, Statute of Limitations Can Limit Florida Probate Litigator’s Ability to Challenge a Will

A statute of limitations is a law that limits your ability to bring an action, for example did you know that you only have two years to file your medical malpractice claim? Does that seem short? WellFlorida Probate Litigators have an even shorter time limit, if you want to challenge a will in Florida you may be subject to a six months statute of limitations. Do you know your rights and when you are expected to file what claims?

• Most statutes of limitations are over a year, the thought being that if someone was hurt by a tort or a breach of contract we want to give them time to (i) discover the wrong (ii) conduct the research to get a good case and of course (iii) to seek counsel. Why so short on Florida Probate Challenges? Have you checked out the Probate Code, Chapter 733 of the Florida Statues?
• So why is it only a few months in Florida Probate Matters? Is six months really enough time to challenge a will?
• Florida Probate Courts want to dispose of estates quickly and effectively to ensured property is not held unnecesarily, after all no one wants that right?

Florida Third DCA allows foreclosure to go through despite claims of statutes tolling.

• The Third DCA issed its opinion January 14, 2015 in the case of Snow v. Wells Fargo Bank holding that the statute of limitations had not run adn that the bank was entitled to foreclose on the property.
• The appellants claimed that the statute had run when the bank had dismissed its claim and refiled later, but the court found that the appellants math was off, by just a number of days.
• So, if the court had sided witht he appellant he could have kept a house after defaulting on a mortgage. See why the Statute of Limitations is so powerful?

Want to check out the entire case? Click here.