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Showing posts from December, 2019

Lovest v. Mangiero

Lovest v. Mangiero, 279 So.3d 205 (Fla. 3d. DCA 2019)
This decision illustrates some of the difficulties that arise when guardianship and estate proceedings intersect. Here, after the ward died, the guardian and then personal representative sought to pay some of the ward's creditors using artwork done by the decedent, an artist. One of the beneficiaries of the ward's estate objected, arguing that the guardianship court's orders violated her due process rights, the guardianship court lacked subject matter jurisdiction and the guardian should have provided proper accountings. 
The Court held that the beneficiary's due process rights were not violated because notice  was sent to her of the petition to pay the debts with the artwork by certified mail (even though it was returned as undeliverable). It noted that FPR 5.060(a) allows an interested person who desires notice to file a written request for notice of further proceedings, which then allows the trial court the opportu…