In re Estate of Robillard

District Court of Appeal of Florida

In re Estate of Robillard

281 So. 2d 45, 1973 Fla. App. LEXIS 7595

CourtDistrict Court of Appeal of Florida

DecidedJuly 31, 1973

DocketNo. 72-1355

StatusPublished

This text of 281 So. 2d 45 (In re Estate of Robillard) 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 Robillard, 281 So. 2d 45, 1973 Fla. App. LEXIS 7595 (Fla. Ct. App. 1973).

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Opinion

CARROLL, Judge.

The appellant Anita Smillie is a judgment creditor of the beneficiary under the decedent’s will which is in the process of probate. The appellant moved for an order of distribution, to be made directly to her in payment of her judgment, of or out of the proceeds of the estate to which the judgment debtor would be entitled to distribution. The motion was denied and this appeal followed.

The trial court correctly held the judgment creditor was not entitled to proceed, as was done here, in the probate court for distribution. See In re: Francis’ Estate, 153 Fla. 360, 14 So.2d 803, 808; 26A C.J.S. Descent and Distribution § 142.

The order appealed from is affirmed.

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CARROLL, Judge.

The appellant Anita Smillie is a judgment creditor of the beneficiary under the decedent’s will which is in the process of probate. The appellant moved for an order of distribution, to be made directly to her in payment of her judgment, of or out of the proceeds of the estate to which the judgment debtor would be entitled to distribution. The motion was denied and this appeal followed.

The trial court correctly held the judgment creditor was not entitled to proceed, as was done here, in the probate court for distribution. See In re: Francis’ Estate, 153 Fla. 360, 14 So.2d 803, 808; 26A C.J.S. Descent and Distribution § 142.

The order appealed from is affirmed.

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Bluebook (online)

281 So. 2d 45, 1973 Fla. App. LEXIS 7595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-robillard-fladistctapp-1973.

Opinion

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