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Neil I. Rumbak Was Appellate Counsel for New York Nursing Home in Probate Case

I was honored to serve as appellate counsel of a New York nursing home in a probate case–Staum v. Rubano, 2013 Fla. App. LEXIS 12655 / 2013 WL 4081055 (Fla. 4th DCA 2013)– before the 4th District Court of Appeals in Florida.   On August 14, 2013, the court ruled in favor of the nursing home.

In short, the nursing home was a creditor of the estate of the decedent, a New York resident.  The court held that although claims of the nursing home brought in the Florida ancillary probate proceeding more than two years after the decedent’s death were untimely pursuant to § 733.710(1), Florida Statutes, the nursing home was an interested person pursuant to § 731.201(23), Florida Statutes, because the nursing home’s claim against the New York ancillary estate remained pending.  As such, regardless of the untimeliness of the nursing home’s claim against the Florida estate,  the nursing home, had standing as an interested person to file a petition to compel an accounting of the ancillary estate and to transfer the ancillary estate’s assets to the domiciliary New York estate.  See § 734.102(6), Fla. Prob. R. 5.150(b).

This case is significant because it provides creditors of a Florida ancillary estate the possibility of remedies, other than claiming from an estate, after the very rigid two year statute of limitations.

 

My colleague Jenna Rubin of Gutter Chaves provided a great summary of the case immediately after the decision was issued.  In addition, Juan C. Antúnez of Stokes McMillan Antúnez P.A., wrote a detailed posting on the implications of this case.

 

Want to further discuss these issues?  Contact me at 954-944-3929 or nrumbak@rumbaklaw.com.

*This document contains legal information, but does not contain legal advice.

UPDATED ON SEPTEMBER 10, 2013.

 

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