Herskowitz v. Herskowitz

This case involves a simple issue of fact— what constitutes “good cause” for a claimant’s failure to commence a lawsuit against an estate within one calendar month after his or her claim has been formally rejected by the executor.1

*379The Third District Court of Appeal has held, on the basis of its review of the facts in evidence in this proceeding, that an executor’s pre-claim negotiations with a claimant were “good cause” for an untimely filing, notwithstanding the trial court’s determination to the contrary.2 I am satisfied that the district court’s decision conflicts directly with Shaw v.…