PALM BEACH DECLARATORY JUDGMENT ACTIONS AND THE FLORIDA STATUTE OF LIMITATIONS – when does it start to run ?
A very recent Palm Beach Appeals court opinion just spoke to the Florida statute of limitations for declaratory judgment actions. This case is very important for #PalmBeachProbateLawyers as well as #FloridaProbateLawyers. Here’s why:
- Many of the #PalmBeachEstateLawsuits involve #WillChallenges or #FloridaWillContests. Someone will challenge the will in a #PalmBeachEstate. Q: How do you challenge a Florida will in a #PalmBeachProbate ? A: You typically can ask the #PalmBeachProbateCourt for declaratory relief — a declaration of rights. For example, you might ask the #ProbateCourt in #PalmBeachGardens, Florida or #DelrayBeach,Florida to declare that the will is invalid.
- Declaratory judgments are used by #PalmBeachProbateLitigators to help #EstateBeneficiaries and #PersonalRepresentatives determine who owns certain assets — the estate or a beneficiary or an heir at law ? For example, is a #PalmBeachBankAccount a joint account with a right of survivorship or is it an #EstateAccount which “goes” to the #PalmBeachEstate ? Is it part of the #PalmBeachProbate or does it go outside of Probate ? Is a beneficiary designation — a named beneficiary —on a life insurance policy valid or not?
- #TrustLawyers use declaratory actions to determine rights of #TrustBeneficiaries and fiduciary duties of #FloridaTrustees. The #PalmBeachProbate Court can use the #FloridaTrustCode to intervene in the administration of a #PalmBeachTrust and determine, for example, whether a trust amendment was valid or not.
This #PalmBeachLawsuit did not deal with a #PalmBeachProbate issue or even a #TrustLitigation matter. It did involve declaratory judgments and also the statute of limitations. Here’s the takeaway:
- A cause of action for declaratory relief accrues when the last element of the cause of action occurs. What makes you need a declaration of rights from the court? What happened that you need relief in this #PalmBeachCourt ?
- The statute of limitations begins to run “when the action may be brought”. Once you know or should know that you need a declaration, the clock begins to run. The law does not help those who sit on their rights, it helps those who seek to enforce them.