McCormick v. Estate of Smith

District Court of Appeal of Florida

McCormick v. Estate of Smith

717 So. 2d 628, 1998 Fla. App. LEXIS 12285, 1998 WL 655549

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 1998

DocketNo. 97-3035

StatusPublished

This text of 717 So. 2d 628 (McCormick v. Estate of Smith) 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

McCormick v. Estate of Smith, 717 So. 2d 628, 1998 Fla. App. LEXIS 12285, 1998 WL 655549 (Fla. Ct. App. 1998).

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Opinion

GRIFFIN, Chief Judge.

This is the appeal of an order determining that the decedent’s husband had no entitlement to funds received in settlement of a wrongful death claim by the personal representative of the decedent’s estate. We agree with appellant that, without more, the husband’s hand-written waiver of his elective share does not extinguish his rights in the wrongful death case. As for the lower court’s decision that formal administration of this estate is required, we agree that, in the form the petition was filed, the court should not have ordered summary administration. Under the circumstances, both the personal representative and the claimant will have to start over.

AFFIRMED in part; REVERSED in part; and REMANDED.

COBB and ANTOON, JJ., concur.

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GRIFFIN, Chief Judge.

This is the appeal of an order determining that the decedent’s husband had no entitlement to funds received in settlement of a wrongful death claim by the personal representative of the decedent’s estate. We agree with appellant that, without more, the husband’s hand-written waiver of his elective share does not extinguish his rights in the wrongful death case. As for the lower court’s decision that formal administration of this estate is required, we agree that, in the form the petition was filed, the court should not have ordered summary administration. Under the circumstances, both the personal representative and the claimant will have to start over.

AFFIRMED in part; REVERSED in part; and REMANDED.

COBB and ANTOON, JJ., concur.

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Bluebook (online)

717 So. 2d 628, 1998 Fla. App. LEXIS 12285, 1998 WL 655549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccormick-v-estate-of-smith-fladistctapp-1998.