My wife says yes as well for Florida. She isn't an attorney either, but her job with the Dept of Agriculture was involved in home foreclosures where similar issues arose.
This isn't a real case, Jaye, but leading to another hub on a larger issue. When the people are alive, the proposition is that the Constitution, in upholding property rights, allows the State, be it an actual state or the federal gov't, to "make whole again as if the damage never happened" for the injured party.
The reason I asked the question was to ascertain if this Constitutional right carried on after death to parties who still have a dog-in-the-fight, as Ross Perot might say, who still suffer an injury from the original action by Party A, in this case.
The answer, which logic tells me is correct, appears to be yes, government has the authority to take what is called affirmative action to right the wrong; this is opposed to passive action like giving women the right to vote. Do you see where I am going with this?
Next is to read the Supreme Court decisions handed down first supporting affirmatitive action and then banning most of it.