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removal of personal representatives and surcharge
3d DCA: Is a PR entitled to due process prior to being removed by court order?
LoCascio v. Estate of LoCascio, --- So.3d ----, 2011 WL 2555644 (Fla. 3d DCA June 29, 2011) Silvia Locascio's brutally beaten corpse was found in her home on October 30, 2001. Eventually her husband and brother-in-law were found guilty of her murder - based in large part on the testimony of...
FL Supreme Court sides with 1st DCA in conflict with 3d DCA: 3-month statue of limitations found in F.S. 733.212(3) applies to PR disqualification motions
Hill v. Davis, --- So.3d ----, 2011 WL 3847252 (Fla. Sep 01, 2011) I previously wrote here about the split between the 1st DCA and the 3d DCA regarding whether the 3-month statute of limitations period contained in F.S. 733.212(3) applies to personal-representative disqualification motions....
2d DCA: Is a court-appointed guardian of the property necessary to exercise a minor's vote in the appointment of a PR?
Long v. Willis, --- So.3d ----, 2011 WL 3587411 (Fla. 2d DCA Aug 17, 2011) Most people (including most lawyers) assume that a minor's parents, i.e., a minor's "natural guardians" under F.S. 744.301, can make all decisions on behalf of their children, and that this authority extends...
Another probate court gets reversed for failing to appoint the statutorily preferred personal representative
Stalley v. Williford, --- So.3d ----, 2010 WL 4967982 (Fla. 2 Dist. Dec 08, 2010) Probate courts can get reversed for refusing to appoint as personal representative (PR) the person with preference under F.S. 733.301. Don't get me wrong, probate courts do have the inherent authority to override this...
1st DCA certifies conflict with 3d DCA: 3-month statue of limiations applies to PR disqualification motions
Hill v. Davis, --- So.3d ----, 2010 WL 1347314 (Fla. 1st DCA March 31, 2010) In civil litigation you usually have years to file your complaint: most statue of limitations periods fall within a range of 2 to 6 years. Not surprisingly, most civil litigators assume the same rules apply to probate...