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Stalley, [3] a Michigan lawyer relied on the official text of the Uniform Probate Code and failed to check the statute as it had been adopted in Florida. As a result, the lawyer missed a filing deadline on a $3,760,909.49 claim.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
Probate courts administer proper distribution of the assets of a decedent (one who has died), adjudicates the validity of wills, enforces the provisions of a valid will (by issuing the grant of probate), prevents malfeasance by executors and administrators of estates, and provides for the equitable distribution of the assets of persons who die ...
In Florida no-contest clauses in wills are specifically unenforceable, irrespective of probable cause, pursuant to statute. See Fla. Stat. 732.517 (2009) which states: A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable.
Marshall v. Marshall, 547 U.S. 293 (2006), is a case in which the United States Supreme Court held that a federal district court had equal or concurrent jurisdiction with state probate courts over tort claims under state common law.
Its largest film insurance payout was a $15 million claim after star John Candy died during production of the 1994 film Wagons East. [ 3 ] In September 2014, it was announced in the German press that Allianz Global Corporate & Specialty (AGCS), Allianz Group's specialty corporate insurer, would fully integrate Fireman's Fund's commercial ...