Florida Second DCA Appeal: Which Law Applies to the Probate Administration? Florida or Cayman Islands?
Florida probate lawyers need to know more than just Florida probate laws. Why would a Florida estate lawyer need to know anything about the Cayman Island’s policy on divorce? Because Florida probate litigation is never one size fits all. Don’t believe me? Check out this recent case out of the Second District Court of Appeal.
Conflicts of Law
- Florida will contest lawyers are used to using different laws in probate lawsuits.
- For example if you are contesting an Argentinian will in West Palm Beach which law applies?
- Probate lawyers often call this a conflict of law.
- The question for the Florida probate litigator is what law do they apply.
- Estate litigation in Florida can get very expensive when you have to do four different ways under four different probate codes.
- Experienced Florida estate lawyers know the rules on conflict of law.
- Have they discussed it with you?
- Want to see how this comes up in the course of Florida probate?
- Check out this recent case out of the Second District Court of Appeal.
- Whose law applies?
- Cayman Islands or Florida probate?
Ebanks v. Ebanks
- This was an interesting case that involved Florida and the Cayman Islands.
- Two people were married and owned three properties in the Cayman Islands.
- They got divorced and continued to own the property together, for some reason.
- Then the husband passed away.
- So where does that investment property go to?
- That depends on whose law is being applied.
- The Second District Court of Appeal described this case that “involves a supposed tug-of-war among the Ebankses’ marital settlement agreement, the law of the Cayman Islands and [the decedent’s] will.”
- Which law is supreme?
- That was for the Court to decide, but what do you think?
- Should the Florida estate get to divide up that property?
- Can a Florida estate litigators get that back?
Want to learn more?
Check out the entire case by clicking here.
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