How NOT to waive a statute of limitations defense in Palm Beach probate lawsuits: August 19, 2015 4th DCA

So, for you Florida trustees, executors of wills in Florida, and personal representatives of Palm Beach probates: if you are embroiled in Florida probate litigation, and you have a statute of limitations defense, listen up to what the Palm Beach appeals court has to say.

Why trustees and Florida executors should not blow their statute of limitations defense in Boca Raton Estate Lawsuits

• August 19, 2015: just yesterday, the Florida appeals court, which hears Palm Beach probate appeals, the 4th District Court of Appeal, issue it’s opinion in Palm Beach Polo Holdings, Inc. v. Broward Marine, Inc.  4D13-1618
• Here’s the Florida 4th DCA opinion link so you can read the case:http://www.4dca.org/opinions/Aug%202015/8-19-15/4D13-1618.op.pdf
• This is NOT a Florida probate lawyer case, but it stands for an important proposition thatPalm Beach estate lawyers who actually litigate and try cases need to know about.
• Don’t blow your statute of limitations defense when you are defending a Boca Raton personal representative of a Florida estate, a Florida trustee of a revocable trust, or any fiduciary
• Here’s what you need to know about a Florida statute of limitations defense from this case:

Why is the statute of limitations important to Palm Beach probate?

• Isn’t the statute of limitations an important defense for any Florida civil lawsuit?
• What’s so unique about the statute of limitations for estate lawsuits in Florida?
• Well, under the Florida Probate Code and the Florida Trust Code, trustees and personal representatives who are sued can use very short statutes of limitations as a good defense, under the correct circumstances
• 3 months to contest a will in Florida?  Sometimes.
• 30 days to file an independant action against the estate to make a claim as a creditor?  Under certain circumstances.
• 6 months to sue a Florida trustee of your parent’s revocable living trust for breach of trust or breach of fiduciary duty?  Often.
• My point about the statute of limitations in trust lawsuits Florida and probate litigation West Palm Beach is that the statute of limitations in the probate setting is, or can be, much shorter than 1) most other statutes of limitations and 2) what most prospective estate litigation clients think of as the time they have to sue in a probate or trust matter.
• The lesson in probate litigation Florida matters: you may not have as much time as you think to exercise your inheritance rights, or to file a will challenge.
• Right?  I mean, most prospective estate lawsuit clients think that a statute of limitations is YEARS long…. but… in the Florida probate litigation lawyer world, that is not always the case.
• So, raise the statute of limitations as an affirmative defense, raise it in your answer, raise it in the pretrial stip, and propose a jury interrogatory on it prior to the close of the evidence