Jones v. Golden

After Harry Jones died, a notice to creditors was published. Neither Harry’s ex-wife, Katherine Jones, nor her guardian was ever served with a copy of the notice. Less than two years after Harry’s death, the guardian of Katherine, Edwards Golden, filed a statement of claim in the probate court asserting that Harry’s estate owed Katherine money based on a marital settlement agreement. Katherine subsequently died, and Golden was appointed as the curator of her estate. The probate court struck Golden’s claim as untimely. The Fourth District Court of Appeal reversed and remanded to the probate court to determine whether Katherine or her guardianship was a known or reasonably ascertainable creditor. Specifically, the court ruled that if a known or reasonably ascertainable creditor is never served with a copy of the notice to creditors, the creditor’s claim is timely if filed within two years of the decedent’s death. The Supreme Court approved of the Fourth District’s decision, holding that the three-month limitations period prescribed in Fla. Stat. 733.702(1) is not applicable to known or reasonably ascertainable creditors who are never served with a copy of the notice to creditors, and the claims of such creditors are timely if filed within two years of the decedent’s death under Fla. Stat. 733.710. View "Jones v. Golden" on Justia Law