How Do You Know When a Business Is Part of a Florida Probate Estate?
One of the key functions of a personal representative in a Florida probate estate is to identify and marshal any assets that belong to the estate. This includes any businesses where the deceased held an ownership interest. Unfortunately, many business owners fail to properly document their ownership before they die, which can lead to complications for their estate. If you want to avoid such an outcome, the Tampa business succession attorneys at Bleakley Bavol Denman & Grace, can advise you on the best ways to protect your family and your investment.
Florida Probate Court Rejects Daughter’s Claims Regarding Late Father’s Ownership of Girlfriend’s Business
A recent decision from the Florida Fourth District Court of Appeal illustrates what can happen when there is confusion over a decedent’s interest in a business. This case, Stasche v. Housley, involved the disputed ownership of a business called Pixel Yoo. Elliot Joe Housley, the decedent, passed away in 2022. Housley’s daughter subsequently opened her father’s probate estate, identifying herself and two other siblings as heirs. Although the court initially appointed the daughter as the personal representative for the estate, it later removed her and appointed an outside attorney to serve as curator. (In Florida probate law, a curator is a neutral party appointed to take charge of an estate until a personal representative qualifies.)
The daughter alleged that Housley owned at least 49 percent of Pixel Yoo. The curator concluded otherwise. Largely relying on Pixel Yoo’s 2021 corporate tax return, he concluded that the business was 100-percent owned by Housley’s girlfriend. The daughter, representing herself without an attorney, objected to the curator’s conclusion, leading to a hearing before the probate court.
To make a long story short, both the probate court and later the Fourth District supported the curator’s conclusion. As the Fourth District explained in its opinion, despite the daughter’s claims there was simply no documentary evidence proving that Housley ever had an ownership interest in Pixel Yoo. Indeed, the best available evidence was the tax return, as no articles of incorporation were on record. There were also witness affidavits attesting to statements that Housley made during his lifetime that the business belonged exclusively to his girlfriend and not him.
As the Fourth District further noted, once the curator determined that Pixel Yoo was not an estate asset, the burden of proof was on the daughter, as the person claiming otherwise, to prove her claim. She failed to do so. Accordingly, the probate court properly dismissed the daughter’s action.
Contact a Tampa Estate Litigation Attorney Today
If you are involved in a legal dispute involving a Florida probate estate, one of the biggest mistakes you can make is proceeding without the assistance of counsel. The daughter in the case above learned that lesson the hard way. And while having an attorney is not a guarantee of success, a qualified Tampa estate litigation attorney can help to ensure you present the strongest case possible. So if you need to speak with an attorney about an estate-related matter, contact Bleakley Bavol Denman & Grace today at (813) 221-3759 to schedule a consultation.
Source:
scholar.google.com/scholar_case?case=13100581474611398255
