Gordin v. Estate of Maisel
Gordin v. Estate of Maisel , 179 So.3d 518 (Fla. 4th DCA 2015), 2015 WL 7566353 This decision centers around whether a probate court can appoint a curator without revoking the prior appointment of personal representatives. The Court held that it was improper for the probate court to do so. The probate court admitted the decedent's will to probate, appointing his daughter and grandson as co-personal representatives of the estate. The decedent's son filed a petition for revocation of the will, claiming that he was entitled to a forced share of the estate because the decedent lived in Puerto Rico when he died, that the decedent lacked testamentary capacity and was subject to undue influence when he executed the will, and that he had three previous wills. The son also filed a petition for administration seeking to admit one of those previous wills to probate, and a petition to remove the personal representatives and appoint a curator. Without hearing evi...