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Showing posts from August, 2017

Winslow v. Deck

Winslow v. Deck, --- Fla.2d DCA --- (Fla. 4th DCA 2017)
This decision centers on technical pleading requirements and a trial court's unwillingness to allow a party to amend their pleading to comply with those rules.  Specifically, this decision deals with the dismissal of a counterpetition for administration as untimely pursuant to F.S. 733.212(8), which gives interested persons 3 months to contest the validity of a will, among other things.  The Court reversed the trial court's dismissal.
The decedent in this case left two competing wills- one leaving his assets to his two children, the other leaving his assets to his friend.  His daughter petitioned to have the first will admitted to probate and was appointed as personal representative.  Later, the friend filed the second will, with an emergency petition to revoke the daughter's letters of administration, a counterpetition for administration, an objection to the daughter's petition for appointment as personal represent…