Normally after a divorce all relevant sections of your will related to your will are considered null and void. Thus it goes without saying the ex-spouse retains no rights to inheritance. This also applies to intestate probate distributions. Did you hear about the 2006 case out of the Fifth District Court of Appeals where an ex-spouse was trying to get half of the assets even though they had been divorced since 1993? Check out this interesting case to see how.
Hernandez v. Maldonado
- This was an appeal from the Osceola County probate court regarding an order by the court to close the estate.
- A couple had been married in Puerto Rico and the marriage was later dissolved.
- For some reason though the Puerto Rican Court never distributed the marital assets following the dissolution of marriage (divorce).
- One of the spouses died in 2005 and was the subject of this probate appeal.
- The other spouse petitioned the Puerto Rican court to ask them for half of the marital assets, over ten years later.
- The court ruled that the marital assets totaled about four hundred thousand dollarsand then awarded half to the surviving ex-spouse.
- The ex-spouse then filed a motion to intervene in the Florida probate in order to collect on her judgment from the Puerto Rican Court.
- The claim was struck down as untimely.
- Experienced Palm Beach probate litigators know that the courts do not help those that sleep on their rights.
- Do you know how long you have to act?
- Check out the statute of limitations.
West Palm Beach Statute of Limitations
- A statute of limitations is a statute that tells you the time limits to act in court.
- West Palm Beach probate courts want people to bring claims while the evidence is fresh, not years later.
- If you file a claim past the statute of limitations the other side may file to dismiss the claim is untimely.
- Do you know if there any excuses for waiting too long?
- You maybe able to get a tolling agreement whereby you and the other side agree that the time will be tolled.
- Why would the other side agree to such a thing?
- They may feel that it is possible to settle and avoid a lawsuit if more time is available to negotiate.
Want to learn more about the statutes of limitations?
Check out the entire case by clicking here.