Foreign Judgments for Florida Estates & Trusts? : personal service not required

Are you involved with a Florida estate, will or trust in  Ft. Lauderdale, Miami, Delray Beach, West Palm Beach, or Palm Beach Gardens?  These south Florida cities each have Florida probate courts.   If you are the beneficiary of a Florida estate or trust, you will want to know what assets comprise the Florida estate or trust.   The fiduciary in charge of the Florida estate or trust, the personal representative (or Florida estate administrator) or the Florida trustee, has a duty to marshall the estate assets, and administer the Florida estate or trust for the beneficiaries.  Part of this fiduciary duty in Florida is to gather all the assets of the estate or trust.  Florida probate lawyers know that sometimes a deceased Florida resident, a Florida decedent, whose estate is now being administered, may be owed money by an out of state, non Florida person. Many Florida residents, or grantors of Florida trusts, had contacts or business in other states…..and sometimes lawsuits in other states.   If the Florida resident was involved with a lawsuit, and won the lawsuit in another state, and obtained a judgment, the Florida executor or Florida trustee should seek to domesticate that foreign judgment here in Florida.  After all, if the judgment debtor owes the Florida estate or trust money or property, it’s the job of the personal representative or trustee to go get it. Florida creditors lawyers know this.  Florida probate lawyers should take note.  You may have to domesticate the judgment where the debtor resides or does business.  For out of state judgments that are to be enforced or satisfied in Florida, personal service on the debtor is not required, according to a recent October case here in  South Florida.  But Florida estate administrators and Florida probate lawyers do need to follow the Florida statutes and procedures very closely.   Florida probate lawyers should take note.   For a copy, please email michelle@pankaukskilawfirm.com Advocate hard.  Litigate smart.