Legal Question in Wills and Trusts in Florida

1. Probate-----10-3-12 judge's final decision upholding validity of Amended Life Estate

2. 10-5-12----- Petition to Revoke Summary Administration filed

3. 10-16-12---MOTION TO STRIKE

PETITION TO REVOKE SUMMARY ADMINISTRATION

4. 11-21-12 ----- ORD DETERMINING HOMESTEAD / ORDER ADMITTING WILL / LAST WILL AND TESTAMENT

5. NO HEARING ABOUT THE 2 MOTIONS

5. Question----does the Motion to Revoke Summary Administration with resultant Motion to Strike keep the Probate Open? AND IF SO, IS THE jUDGE'S FINAL RULING ON upholding THE aMENDED lIFE eSTATE STILL IN PLACE AND BINDING ON ALL PARTIES?

Also, if the Judge's ruling is not binding, can a petition to partition still be initiated by one of the beneficiaries?

4.


Asked on 4/30/13, 6:53 pm

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

If your inquiry includes all actions by the Court, Summary Administration is still open

and any interested person may file a request, motion, objection, etc. If there is an

attorney representing the petitioner (assumed), you could direct questions to that

attorney or consult with an attorney, which you will likely require, if you pursue any

objectives of a beneficiary. The orders re homestead, admitting will, and other issues,

if part of the judgment of summary administration, are binding until revoked by the

court. A hearing will be held to consider the petition unless it is withdrawn.

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Answered on 5/01/13, 10:07 am


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