Joan Johnson v. Lee Townsend, Leslie Lynch, Elizabeth Denecke and Lisa Einhorn

Summary

In Johnson v. Townsend, the Florida Fourth District Court of Appeal held that a surviving spouse’s petition to perfect a community property interest is a “claim” under section 731.201(4), Florida Statutes, and is subject to the three-month nonclaim period under section 733.702(1) and the two-year statute of repose under section 733.710(1). The court rejected the common law trust exception (limited to express trusts or clearly defined means) and the statutory lien exception (requiring a duly recorded mortgage, security interest, or possession of personal property), and ruled that the Florida Uniform Disposition of Community Property Rights at Death Act does not exempt such claims from the two-year deadline.

Holdings

1. A surviving spouse's community property interest is a liability of the decedent and constitutes a 'claim' as defined by section 731.201(4), Florida Statutes.
2. A claim for personal property in the possession of the personal representative must be filed within three months after the first publication of notice to creditors, or it is barred.
3. Any claim or cause of action against the decedent must be filed within two years of the decedent's death, regardless of whether letters of administration have been issued.
4. The common law 'trust exception' is limited to situations where the decedent clearly held property by way of an express trust or some other clearly defined means; a resulting trust from community property does not suffice.
5. Section 733.710(3) only excepts liens that are duly recorded mortgages or security interests, or liens of persons in possession of personal property; an equitable lien arising from a community property interest does not qualify.
6. Section 733.710(1) applies to all claims and causes of action against the decedent, regardless of other provisions of the code; the community property act's silence on deadlines does not create an exemption.

Questions Presented

1. Whether the wife's petition for community property interest is a 'claim' under Florida's probate code subject to statutory deadlines.
2. Whether the common law 'trust exception' exempts the wife's community property interest from the nonclaim statutes.
3. Whether the statutory 'lien exception' exempts the wife's community property interest from the nonclaim statutes.
4. Whether the absence of an explicit deadline in the Florida Uniform Disposition of Community Property Rights at Death Act exempts the wife's petition from the two-year statute of repose under section 733.710(1).

Disposition

affirmed