Rubin on Probate Litigation

Smith v. Smith , 232 So.3d 509 (Fla. 1st DCA 2017) This decision involves the question of whether a prenuptial agreement precluded the surviving spouse from seeking the removal of the co-personal representatives of the decedent spouse's estate.  The prenuptial agreement in question provided that the surviving spouse would "refrain from any action or proceeding to void or nullify to any extent the terms of any last will and testament or trust or testamentary substitute."   The co-personal representatives argued that the above provision prevented the surviving spouse from seeking their removal. The spouse argued that the provision did not affect her rights she later acquired through subsequently executed estate planning documents, and that the waiver provisions did not extend to the interest she acquired in her husband's estate when she was named an income beneficiary of the marital trust created under the terms of his last will executed after the marital agree...

Blechman v. Dely , --- So.3d --- (2014), 2014 WL 1908813 Robert Blechman, as personal representative of his father's estate, was found in contempt and was removed as personal representative.  He appealed the trial court's decision, arguing that the court violated his due process rights by holding him in contempt without complying with Florida Rule of Criminal Procedure 3.840 and by removing him as personal representative without  complying with Florida Probate Rule 5.440. The decedent left to appellee a devise of $5,000 per month to pay for the maintenance of a residence.  When the personal representative failed to make those payments, she filed a motion to compel payment, and the trial court granted that motion. requiring him to make the payments to the appellee, as well as fund the residuary bequests in the decedent's will.  Before the trial court entered its order, the personal representative explained that the estate's expenses and limited liquidity left...