Rubin on Probate Litigation

Giller v. Giller , 190 So.3d 666 (Fla. 3d DCA 2016) This case involved whether a personal representative has the right to bring a suit for declaratory action under F.S. 689.07(1), which deals with real estate deed and conveyances which add the words "trustee" or "as trustee" to the name of the grantee, or whether relief under that section is limited only to subsequent purchasers or others relying on the deed. The personal representatives brought their declaratory action  in the probate proceeding   after learning of the existence of six parcels of real property titled in the name of the decedent "as trustee."  They sought a declaration from the probate court that the parcels were owned by the decedent in fee simple and that the properties became assets of the estate after his death.  Their brother argued that they lacked standing to sue under F.S. 689.07(1) because that section does not apply until after a subsequent conveyance of the property tak...

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.

Gren v. Gren , --- So.3d ---, 2014 WL 51640 (Fla. 4th DCA 2014) This case involved a dispute between the ex-wife of a decedent and his surviving spouse who was serving as his Successor Trustee.  Since there was a question regarding the construction of the Trust, the ex-wife filed a Petition for Construction of Trust Instrument to seek clarity from the court.  Since the Trust had a provision requiring arbitration, the trial court granted a Motion filed by the Successor Trustee to compel arbitration. The ex-wife failed to take any action for six months following the court order compelling arbitration, so the Successor Trustee sought to dismiss her lawsuit, claiming that the ex-wife's failure to arbitrate had prevented her from filing tax returns and distributing assets.  The ex-wife responded that any question of delay in her giving notice of arbitration was a question of fact to be determined by the arbitrator, not the trial court.   The Appellate Court a...

Syfrett v. Syfrett-Moore ex rel. Estate of Syfrett , 2013 WL 3389547 (Fla. 1st DCA 2013) This case involved a dispute over ownership of two apartments owned by a decedent, and centered around whether those properties were properly transferred during the decedent's life, or whether the decedent lacked the capacity to effectuate the transfers.  The "Estate" sought a declaratory judgment regarding ownership of the units.  The Appellant, one of the purported owners of the units, filed a motion to dismiss for failure to adequately state a claim for declaratory relief.  The Court found that the complaint did not meet the pleading standard for declaratory judgment because: (1) the complaint failed to include allegations that there was a bona fide, actual, present practical need for a declaration, (2) the plaintiff designated in the complaint was the Estate, not the co-personal representative of the Estate (citing Fla. Stats. § 733.612(20), granting the personal representativ...