Brillium, Inc. and Curt R. Rogers v. Jennifer Oles-Dugre, Individually and as Personal Representative of the Estate of Robert William Dugre, Deceased
The Fifth DCA reversed summary judgment on a replevin counterclaim, holding that section 733.702's nonclaim filing requirement did not apply because the company's claim for return of its property arose only after the decedent's death. The court affirmed without discussion the separate ruling that the personal representative owed no fiduciary duty to the appellants.
Key facts
- Decedent and Curt Rogers were 50% co-owners of Brillium, Inc., under a 2015 Stockholders' Agreement providing for transfer of a deceased shareholder's stock to the survivor, with the decedent's family compensated via a company-funded life insurance policy.
- After the decedent's death, his estate received the Northwestern Mutual life insurance proceeds, and Brillium transferred the decedent's shares to Rogers; the estate then sued for declaratory relief.
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Holdings
- A replevin claim asserting ownership of specific personal property that the decedent merely possessed permissively—without asserting ownership—is not a 'claim or demand against the…
Why it matters
Practitioners handling probate-adjacent commercial and property disputes should note the court's reaffirmation of the Spohr/Zeidel line distinguishing nonclaim-barred 'claims against the estate' from replevin actions to… — full analysis with a trial
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