Blechman v. Estate of Blechman

Blechman v. Estate of Blechman, 160 So.3d 152 (Fla. 4th DCA 2015), 2015 WL 71730

This case dealt with whether a provision in an operating agreement of a limited liability company caused a decedent's membership interest to immediately vest in his children upon his death, such that his interest was not part of the probate estate.  The decedent attempted to devise a portion of his interest to his girlfriend in his will.  The Court held that since the attempted devise to the girlfriend violated the operating agreement, which only allowed the decedent to devise his interest to his immediate family members, upon his death the default provision of the operating agreement was activated, and his interest immediately vested in his children (as the takers under the default provision).  

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