Rubin on Probate Litigation

Cohen v. Shushan , --- So.3d --- (Fla. 2d DCA 2017) In Florida, a "surviving spouse" receives certain benefits- they can take an intestate share of the deceased spouse's estate and they may also be entitled to an elective share, family allowance, homestead and so on. Under principles of comity, Florida courts will recognize the marriage of citizens of a foreign country if that marriage was valid under foreign law.  Here, a surviving child of a decedent and a purported spouse of the decedent disagreed regarding whether a marriage would be deemed valid under Israel law, and as a result whether the marriage should be recognized by the Florida Probate Court for inheritance purposes. After hearing expert testimony on Israeli law, the trial court held that because the surviving spouse would be considered the decedent's "reputed spouse" under Israeli law, she should take under Florida's intestacy law.  A "reputed spouse," translated from Hebr...

Perelman v. Perelman , 2013 WL 5807358 It is not uncommon here in South Florida for cases to arise that center around disputes about where the decedent was domiciled at their death, given how many retirees move here at the end of their lives.  This case centered around a will contest between a son, arguing that his mother was a domicile of Pennsylvania, and a husband, arguing that his wife was a domicile of Florida.   The issue on appeal centered around whether the Florida trial court should have stayed the Florida proceeding under the principle of priority.  The "principle of priority" is the idea that the court which first exercises its jurisdiction acquires exclusive jurisdiction to proceed with this case.  It is not a mandatory principle, however absent extraordinary circumstances, it is an abuse of discretion to fail to respect the principle of priority. The Court explained that the exercise of jurisdiction by the foreign court will trigger priority...