BLOG POST UPDATE: SUBSTITUTE OPINION PUBLISHED

Kravitz v. Levy, — So.2d…
Continue Reading 4th DCA: Can you sue a personal representative 41 years after he was appointed?

Garcia v. Morrow, — So.2d —-, 2007 WL 983053 (Fla. 3d…
Continue Reading Probate court gets reversed for failing to appoint the statutorily preferred personal representative

Hernandez v. Hernandez, 2007 WL 120051 (Fla. 5th DCA Jan 19, 2007)

It…
Continue Reading Another probate court gets reversed for failing to appoint the testator’s designated personal representative

Werner v. Estate of McCloskey, 2006 WL 3613178 (Fla. 1st DCA…
Continue Reading Does a conflict of interest disqualify a personal representative from being appointed in the first place?

Jensen v. Estate of Gambidilla, 30 Fla. L. Weekly D578 (Fla. 4 DCA March 2, 2005) (TRIAL COURT REVERSED) St. Lucie County Circuit Court Judge Marc A. Cianca entered a civil contempt order requiring an estate’s former personal representative to be incarcerated until she returned certain items of personal property to the estate. The Fourth DCA reversed the trial court’s order holding that Probate Rule 5.440(d) contempt proceedings require that a trial court expressly find that the removed personal representative had the present ability to comply its order.
Continue Reading You Can’t Throw a Person in Jail for Failing to Comply with an Impossible Order