Florida/Georgia Personal Injury & Workers Compensation

...e 1.540(b) does not apply. Arrieta-Gimenez v. Arrieta-Negron, 551 So.2d 1184 (Fla. 1989); [1] Whitman v. Whitman, 532 So.2d 82 *634 (Fla. 3d DCA 1988); Feldan v. Goodman, 460 So.2d 515 (Fla. 3d DCA 1984). Second, the petition can be maintained under section 733.903, Florida Statutes (1987)....

...2) Where it can be established that the judgment had been satisfied, released, or discharged. 3) Where the judgment has prospective application and equity should now require relief from its present enforcement. 4) Extrinsic fraud which prevents a party from having an opportunity to present his case in court. [2] § 733.903 provides: Subsequent administration....

...simple overreaching. [14] In In re Estate of Killinger, 448 So.2d 1187 (Fla. 2d DCA 1984), the court disapproved of Yellen and Padgett to the extent that those cases suggest that mistake constitutes a sufficient ground for reopening an estate. [15] Section 733.903, Florida Statutes (1983), which provides for the reopening of estates, is not applicable in this case because there is nothing further to administer. See In re Estate of Bateman (construing section 734.26, Florida Statutes, the predecessor to section 733.903, Florida Statutes (1983))....

...of one of the attorneys who had previously been contacted during the search for the will. The discovered will provides that the decedent's entire estate would pass to his mother. A petition to reopen and readminister the estate was filed pursuant to section 733.903, Florida Statutes (1981), which allows revocation of an order of discharge "if it becomes necessary that further administration of the estate be had for any cause." The circuit court concluded that the finding of the will did not justify reopening the estate under section 733.903 and denied the petition to revoke administration of decedent's estate....

...Byington involved revocation of probate of a will, and the revocation was sought prior to the discharge of the personal representative. Therefore, we do not believe the common law justifies a reopening of this estate. *1190 Appellant also argues that section 733.903, Florida Statutes (1981), would allow the reopening of this estate....

...if it becomes necessary that further administration of the estate be had for any cause." We agree with the trial court that the discovery of a will after the termination of probate of an intestate estate does not justify revocation of probate under section 733.903....

...ed in a will. The absence of notice is therefore not relevant to a determination of timeliness in this context. Appellants also appeal the denial of their motion for rehearing and other relief. Assuming that probate proceedings may be reopened under Section 733.903, Florida Statutes (1979), or pursuant to the inherent power and authority of the court where strong factual allegations of fraud, overreaching or mistake are made, as suggested by dicta in Padgett v....

...n-claim period, while this claimant was litigating against Gleason at the time of Gleason's death, was represented by counsel who knew the estate was being probated in Florida, and took no action until 14 months after the estate was closed. Although section 733.903, Florida Statutes (1987), authorizes reopening estates "if other property of the estate is discovered or if it becomes necessary that further administration of the estate be had for any cause", claimant has cited no authority to persuade us that this estate should be reopened under these circumstances....

...armenter was appointed personal representative. On August 14, 2014, an Order of Discharge was entered closing the Estate. On September 4, 2014, Parmenter, as former personal representative, filed a petition to reopen the Estate pursuant to section 733.903, Florida Statutes (2014), “solely for the purpose of doing additional procedures necessary in order to clarify distributions.” On September 9, 2014, the trial court entered an order revoking the previous Order of Discharge and...

...3d DCA 1981); see also Jordon v. State, 631 So.2d 362 (Fla. 1st DCA 1994). Section 733.901(2), Florida Statutes (2003), specifically bars a subsequent action against a personal representative upon the discharge of the personal representative. Although section 733.903 and Florida Probate Rule 5.460(a) allow further administration of the estate if it is required for any reason, Florida case law appears to only permit the reopening of an estate after the discharge of the personal representative where there were procedural irregularities or facts constituting fraud or bad faith....

...NOTES [1] It is noted that Zimmerman's property was not specifically devised to Plotkin, thus she could not claim protection under Article X Section 4(b) of Florida's Constitution, see In Re Estate of Morrow; Hartwell, and was only entitled to an equivalent in value from the assets of the trust. [2] We note that under section 733.903, Florida Statutes (1988) an estate may be reopened for good cause shown....

administration after an estate has been closed. See § 733.903, Fla. Stat. (2003); Fla. Prob. R. 5.460(a) (“If

...appeal a non-final order of the circuit court, probate division, re-opening the Estate of Bessie Giamportone, Appellee, and denying the appellants' motion to quash service and to dismiss the motion to re-open the Estate. Inasmuch as the probate judge had jurisdiction and the power to re-open the Estate under section 733.903, Florida Statutes (2007), as well as the authority to protect an alleged property interest of the Estate, we affirm....

...ters, or require bond. Committee Notes This rule establishes a procedure for further administration after estate is closed, which may be summary in nature. Rule History 1984 Revision: Extensive changes. Committee notes revised. Statutory Reference F.S. 733.903 Subsequent administration....

...SUBSEQUENT ADMINISTRATION [NO CHANGE RECOMMENDED] Committee Notes This rule establishes a procedure for further administration after estate is closed, which may be summary in nature. Rule History 1984 Revision: Extensive changes. Committee notes revised. Statutory Reference F.S. 733.903 Subsequent administration....

to the appellant’s filing a petition under section 733.-903, Florida Statutes (1989), for further administration

PER CURIAM. We affirm the order permitting the reopening of this estate in order that a claim may be made against casualty insurance allegedly covering the estate’s liability for the claim. See § 733.903, Fla.Stat....

...ters, or require bond. Committee Notes This rule establishes a procedure for further administration after estate is closed, which may be summary in nature. Rule History 1984 Revision: Extensive changes. Committee notes revised. Statutory Reference F.S. 733.903 Subsequent administration....

...The Probate Code contains no provision allowing a personal representative to strike a claim due to insufficient assets in the estate. On the contrary, the code *772 recognizes the issue of insolvency, in part, by allowing for administration after discharge in the event that additional money is recovered by the estate. Section 733.903, Florida Statutes (1999), states: The final settlement of an estate and the discharge of the personal representative shall not prevent a revocation of the order of discharge or the subsequent issuance of letters if other property of t...

...); Carraway v. Carraway, 883 So. 2d 834, 835 (Fla. 1st DCA 2004) (“Section 733.901(2), Florida Statutes (2003), specifically bars a subsequent action against a personal representative upon the discharge of the personal representative. Although section 733.903 and Florida Probate Rule 5.460(a) allow further administration of the estate if it is required for any reason, Florida case law appears to only permit the reopening of an estate after the discharge of the personal representative wh...

...Committee Notes This rule establishes a procedure for further administration after estate is closed, which may be summary in nature. Rule History 1984 Revision: Extensive changes. Committee notes revised. 1992 Revision: Citation form change in committee notes. 2003 Revision: Committee notes revised. Statutory Reference § 733.903, Fla....

and properly exercised its authority under section 733.903, Florida Statutes (1997), to order further

...They continuously filed interim ac-countings with the court and distributed principal and income to the beneficiaries. Further, no objections were entered by the beneficiaries complaining about the length of time to close the Estate. Additionally, section 733.903, Florida Statutes, provides that the final settlement of an estate and discharge of the personal representative shall not prevent a revocation of the order of discharge or the subsequent issuance of letters if other property of the estate is discovered or if it becomes necessary that further administration of the estate be had for any cause. Thus, the co-personal representatives have the ability to request and receive an order of subsequent administration pursuant to section 733.903 because all of the assets of the Estate had not been distributed....