Printer Friendly

Florida Probate Rules.

The Florida Probate Rules Committee had a productive 2018-2019 year. During the past Bar year, the committee filed an out-of-cycle report as well as its regular-cycle report, continued working on updates to conform its rules to changes in the Florida Probate Code and Florida guardianship law, worked with other rules committees regarding proposals affecting various areas of practice, and worked on findings and proposals regarding forms and rule amendments recommended by the Guardianship Workgroup established under the Florida Supreme Court's Judicial Management Council.

The committee filed an out-of-cycle report on August 30, 2018, that proposed rule amendments that the committee passed this past Bar year to address the statutory adoption on July 1, 2018, of F.S. [section]825.1035, which created a cause of action for an injunction for the protection against the exploitation of a vulnerable adult. The committee proposed amendments to Rule 5.025 regarding adversary proceedings, to add proceedings for an injunction under F.S. [section]825.1035 to the list of adversary proceedings and to exclude such proceedings from the formal notice requirements for adversary proceedings. The Supreme Court adopted these amendments on September 27, 2018. No comments were filed and the Supreme Court's adoption of these amendments became final on December 10, 2018.

The committee filed its regular-cycle report on February 1, which includes the following rule amendments passed by the committee this past Bar year: 1) revisions to Rule 5.200 regarding the petition for administration to require a statement identifying any other person who has equal or higher preference than the petitioner for the appointment as personal representative and a statement of specific facts that show the petitioner's qualification to serve as personal representative; and 2) revision to Rule 5.499 regarding the Form and Manner of Objecting to Personal Representative's Proof of Claim to eliminate the 10-day deadline for service on a claimant of an objection to an item listed on a proof of claim as to be paid.

The committee is currently working on several projects, including the creation of forms for proceedings under F.S. [section]825.1035 for injunctions to protect against the exploitation of vulnerable adults and findings and proposals requested by the Florida Supreme Court regarding the forms and rule amendments recommended by the Guardianship Workgroup established under the court's Judicial Management Council.

As new legislation is passed, the Florida Probate Rules Committee will continue to review and analyze the legislation to determine whether corresponding or related amendments to the probate rules are necessary and, if so, whether such amendments should be proposed on a fast-track basis or as part of the committee's next three-year cycle report. The committee continues to work closely with the Real Property, Probate, and Trust Law Section (RPPTL) in order to revise and update the rules to correspond with legislation promulgated by the RPPTL Section.

Meeting schedules and agenda for the committee are posted on the Florida Probate Rules Committee website: cm230.nsf/WDOCs. The Florida Bar's liaison to the Probate Rules Committee, Heather Telfer, works to keep this information easily accessible to the committee members and others who have an interest in the committee's work and current activities.

We urge practitioners to monitor The Florida Bar News for the publication of proposed rule changes, as well as the Florida Supreme Court's webpage, which lists the pending rules cases. The Florida Probate Rules Committee also welcomes comments to the published proposals and pending projects, as well as suggestions for rule changes based upon procedural problems encountered by courts and practitioners.

It has been a privilege and honor to serve as co-chairs of the Florida Probate Rules Committee this year. We thank all of the Probate Rules Committee members, Florida Bar staff, and the members of the other rules committees for their contributions during this Bar year. And a special thanks to Sean Lebowitz (vice chair and liaison to the Florida Rules of Judicial Administration Committee), Jeffrey Goethe (vice chair), Michael Kangas (subcommittee chair), Stacy Rubel (subcommittee chair), Jean Sperbeck (subcommittee chair), Terrence Dariotis (subcommittee chair), Charles Holloman (subcommittee chair), Matthew Triggs (subcommittee chair), Alexandra Rieman (chair of the Ad Hoc Subcommittee regarding the Guardianship Workforce recommendations), and Heather Telfer (our Florida Bar liaison) for all their hard work and assistance this year.

Theodore Kypreos and Cristina Papanikos, Co-Chairs
COPYRIGHT 2019 Florida Bar
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2019 Gale, Cengage Learning. All rights reserved.

Article Details
Printer friendly Cite/link Email Feedback
Title Annotation:Annual Reports of Committees of the Florida Bar: 2018-2019
Author:Kypreos, Theodore; Papanikos, Cristina
Publication:Florida Bar Journal
Date:May 1, 2019
Previous Article:Florida Bar Journal & News Editorial Board.
Next Article:Florida Registered Paralegal Eligibility and Compliance.

Terms of use | Privacy policy | Copyright © 2022 Farlex, Inc. | Feedback | For webmasters |