In re Estate of Dubin

District Court of Appeal of Florida

In re Estate of Dubin

536 So. 2d 1186, 14 Fla. L. Weekly 173, 1989 Fla. App. LEXIS 81, 1989 WL 622

CourtDistrict Court of Appeal of Florida

DecidedJanuary 11, 1989

DocketNo. 88-1378

StatusPublished

This text of 536 So. 2d 1186 (In re Estate of Dubin) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Estate of Dubin, 536 So. 2d 1186, 14 Fla. L. Weekly 173, 1989 Fla. App. LEXIS 81, 1989 WL 622 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

The personal representative failed to comply with Florida Rule of Probate and Guardianship 5.240(a) and section 733.-604(1) and (2), Florida Statutes (1985) by failing to serve a copy of the notice of administration and a copy of the inventory on the surviving spouse as required by the rule and the statute. Notice of the death of the decedent does not constitute notice of the administration. Therefore the trial court erred when it held that appellant did not timely file his petition to set aside exempt property pursuant to section 732.-402(6), Florida Statutes (1985). According[1187]*1187ly, we reverse the order denying appellant’s petition to set aside exempt property and remand this cause to the trial court for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

DELL and GUNTHER, JJ., concur. LETTS, J., dissents without opinion.

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PER CURIAM.

The personal representative failed to comply with Florida Rule of Probate and Guardianship 5.240(a) and section 733.-604(1) and (2), Florida Statutes (1985) by failing to serve a copy of the notice of administration and a copy of the inventory on the surviving spouse as required by the rule and the statute. Notice of the death of the decedent does not constitute notice of the administration. Therefore the trial court erred when it held that appellant did not timely file his petition to set aside exempt property pursuant to section 732.-402(6), Florida Statutes (1985). According[1187]*1187ly, we reverse the order denying appellant’s petition to set aside exempt property and remand this cause to the trial court for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

DELL and GUNTHER, JJ., concur. LETTS, J., dissents without opinion.

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Bluebook (online)

536 So. 2d 1186, 14 Fla. L. Weekly 173, 1989 Fla. App. LEXIS 81, 1989 WL 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-dubin-fladistctapp-1989.