Legal Question in Wills and Trusts in Florida

Does 733.10 apply?

In 2005 my Dad had an at fault accident. He passed away in 2005. There was no probate filed everything went to my Mom. 01/08 a suit was filed against his estate. The insurance co told her to get her own atty. Then they petitioned the court to name an administrator. Can they sue his estate this long after the accident?


Asked on 7/08/08, 9:54 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Does 733.10 apply?

Flor. has a 5 year statute of limitation. She should retain provate counsel to make sure the estate is protected.

Read more
Answered on 7/09/08, 5:28 am
Alicia Santana Torres Santana Torres Law Offices, PL

Re: Does 733.10 apply?

Chapter 733 only applies to probates, since there was no probate, you do not have the protection of the time limitations on claims against an estate. I agree, she needs to retain private counsel and defend.

Read more
Answered on 7/09/08, 6:04 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida