Rubin on Probate Litigation

Gordon v. Fishman , 253 So.3d 1218 (Fla. 2d DCA 2018) Under current Florida law, the provisions of a decedent's will that impact the former spouse of that person become void upon divorce. But what happens when the decedent's will is prepared before  the marriage (which ultimately ended in divorce)?  Here, the Court found that the language of F.S. 732.507(2) unambiguously requires that the person be married at the time of executing the will. Thus, a will executed before the marriage, leaving assets to the decedent's then-fiance, who he subsequently married and then divorced, are not subject to F.S. 732.507(2).  F.S. 732.507(2) reads as follows: Any provision of a will executed by a married person  that affects the spouse of that person shall become void upon the divorce of that person or upon the dissolution or annulment of the marriage. After the dissolution, divorce, or annulment, the will shall be administered and construed as if the former spouse had ...

Baden v. Baden, et al , --- So.3d --- (Fla. 2d DCA 2018) Ordinarily, a plaintiff may voluntarily dismiss his or her action pursuant to FRCP 1.420(a)(1) at any time before a hearing on motion for summary judgment. In this case, the Plaintiff tried to dismiss certain trust litigation subsequent to a settlement agreement, but the trial court refused to grant his dismissal and attempted to retain jurisdiction over the subject trust. Ultimately, the Court found that the trial court erred and had no basis for not accepting the Plaintiff's voluntary dismissal. The Defendants had two arguments about why the voluntary dismissal should be rejected. First, they argued that F.S. 736.0201 gives the trial court discretion to maintain ongoing jurisdiction over trust actions and that jurisdiction applied here where a prior court order had been entered authorizing the court to retain jurisdiction over the trust as part of a settlement. The Court disagreed. It found F.S. 736.0201 unambiguou...