Rubin on Probate Litigation

The Northern Trust Co. v. Shaw , --- So.3d --- (Fla. 2d DCA 2016) This decision deals with an interpretation of a surviving spouse's rights under a prenuptial agreement.  While the spouse argued that she was entitled to both $500,000 under the agreement and  other assets left to her by the decedent, the personal representative felt that she was only entitled to the $500,000, and the other assets left to her by the decedent should be taken into account in satisfying that amount. The Court, relying on North Carolina contract law, ultimately felt that the personal representative's interpretation was correct. The prenuptial agreement at issue stated that the wife would receive from the husband the sum of $500,000 from his estate.  It defined "estate" as his probate estate, any living trust created by him, as well as life insurance, individual retirement accounts, qualified and nonqualified deferred compensation plans and other assets that may pass by beneficiary ...

Blechman v. Estate of Blechman , 160 So.3d 152 (Fla. 4th DCA 2015), 2015 WL 71730 This case dealt with whether a provision in an operating agreement of a limited liability company caused a decedent's membership interest to immediately vest in his children upon his death, such that his interest was not part of the probate estate.  The decedent attempted to devise a portion of his interest to his girlfriend in his will.  The Court held that since the attempted devise to the girlfriend violated the operating agreement, which only allowed the decedent to devise his interest to his immediate family members, upon his death the default provision of the operating agreement was activated, and his interest immediately vested in his children (as the takers under the default provision).