Wednesday, August 10, 2016
United Bank v. Estate of Frazee provides a good example of the dangers attorneys attempting to practice out of state face. United Bank was utilizing counsel from West Virginia who timely filed two paper copies of claims against a probated estate in Florida. Later, the attorneys were informed that the claims needed to be filed electronically as well, but it was too late; any claim not timely filed is barred unless there is an extension granted. The Bank was arguing that their claims were timely electronically filed, as they should have been accepted on time, the same day the paper copies were; however, the claims were actually electronically filed nine days after the deadline. The court ruled in favor of the estate, noting that lack of knowledge does not qualify for an extension.
See Joel C. Zwemer, Out of State Counsel Beware: Estate Claims Must be E-Filed, Dean Mead Attorneys at Law, August 8, 2016.