Azcunce v. Estate of Azcunce
Florida Court of Appeal
586 So. 2d 1216 (1991)
- Written by Sean Carroll, JD
Facts
On May 4, 1983, Rene Azcunce executed a will establishing a trust in favor of his spouse and three children. On August 8, 1983, Azcunce executed a codicil that affirmed all terms of the will. On March 14, 1984, Azcunce had a fourth child, Patricia (plaintiff). On June 25, 1986, Azcunce executed a second codicil again reaffirming the terms of the will. This codicil did not mention Patricia. Around this time, however, Azcunce was also working with his attorney on updating his will to include Patricia. On April 4, 1986, the attorney had provided a draft of a new will for Azcunce to sign, but Azcunce did not sign it due to a question about a provision in the will unrelated to Patricia. On December 30, 1986, Azcunce died unexpectedly. Patricia petitioned the court for a share of Azcunce’s estate. The trial court denied Patricia’s petition. Patricia appealed.
Rule of Law
Issue
Holding and Reasoning (Hubbart, J.)
Concurrence (Levy, J.)
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