Pitcher v. Waldo

Pitcher v. Waldo, --- So.3d ---, 2015 WL 1334341

This case involved a dispute between the parents of a deceased child over a jury award to the survivors in a wrongful death suit.  The jury awarded the mother $1,000,000 and the father $100,000, and the father claimed that since the mother and the father had an agreement to split the award 60/40, he was entitled to relief pursuant to F.S. 733.815, which allows interested persons to agree to alter their shares of property from an estate.  The Court held that since the survivor's claims are for the survivor's sole benefit, they do not become part of the estate, and thus the probate court had no jurisdiction to adjudicate the dispute.

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