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Filing a trust surcharge in a Florida court
Anonymous2 views3 answers
1. If a trustee is surcharged by a New York court, can the surcharge be filed in a Florida court and what is the procedure. If you need more facts, let me know.
2. if the trustee is insolvent but will eventually inherit money from a Florida estate can the surcharge be filed in a Florida court and remain open until such time as the trustee inherits his money?
3. How long can the surcharge remain open until satisfied in a Florida court? After a certain period of time does the surcharge have to be refiled if not satisfied?
I am assuming that what you have is a judgment from the NY court. If that is the case, you should be able to have it enforced in Florida under the Full Faith and Credit Clause of the U.S. Constitution. You would need to see about how you make a claim or "place a lien" on the inheritance of the trustee, or if there are other ways you can collect your judgment. I am not sure on the statute of limitations of a judgment under Florida law. In Michigan, it is 10 years, and it can be renewed, if necessary.
Best of luck to you!
James Frederick
Eric Jerome GoldTrusts AttorneyCalabasas, CACA licensed ·
Again, as Mr. Frederick stated, if this is a judgment, you can seek to have the NY judgment domesticated to Florida. You would need to consult with a Florida attorney to determine how long the domesticated judgment has to be enforced. That same attorney can work with you about various judgment enforcement methods available in Florida.
Yes, as mentioned by my colleagues, Florida does allow for the filing and enforcement of valid judgments from other states. The statutory period for which a judgment is good is 10 years, with an additional 10 year renewal period (total 20 years).
