Rubin on Probate Litigation

Winslow v. Deck , 225 Fla.2d DCA 276 (Fla. 4th DCA 2017) This decision centers on technical pleading requirements and a trial court's unwillingness to allow a party to amend their pleading to comply with those rules.  Specifically, this decision deals with the dismissal of a counterpetition for administration as untimely pursuant to F.S. 733.212(8), which gives interested persons 3 months to contest the validity of a will, among other things.  The Court reversed the trial court's dismissal. The decedent in this case left two competing wills- one leaving his assets to his two children, the other leaving his assets to his friend.  His daughter petitioned to have the first will admitted to probate and was appointed as personal representative.  Later, the friend filed the second will, with an emergency petition to revoke the daughter's letters of administration, a counterpetition for administration, an objection to the daughter's petition for appointment as pers...

Van Vechten v. Anyzeski , 157 So.3d 350 (Fla. 4th DCA), 2015 WL 248731 This appeal centered around two probate court orders- an order denying a trustee's motion for attorney's fees and an order compelling a distribution from the trust to the beneficiary's estate without offsetting the trustee's attorney's fees.  The trustee argued that she had both adequately plead her entitlement to attorney's fees and that the court erred in finding that the beneficiary's estate did not waive its objection to her alleged inadequate pleading of an entitlement to attorney's fees. The Court held that the beneficiary's estate did  waive its objection to the trustee's alleged inadequate pleading of her entitlement to attorney's fees.  It noted that generally, a claim for attorney's fees, whether based on statute or contract, must be pled.  However, where a party has notice  that its opponent claims entitlement to attorney's fees, and by its cond...