Cuevas v. Kelly

Alvarado Kelly, decedent, was judicially declared incompetent in Florida approximately 40 years prior to his death, and a Florida guardian was appointed for his property. Shortly after, Alvarado moved from Florida to Mississippi, where he remained until his death. For the last approximately 25 years of Alvarado’s life, he resided at a housing facility operated by Sarah Cuevas (plaintiff). Alvarado’s bank accounts remained in Florida. After Alvarado’s death, Cuevas submitted Alvarado’s purported will to probate in Mississippi, which named her as his sole beneficiary. Several weeks later, William Kelly (defendant), Alvarado’s brother and sole intestate heir-at-law, petitioned in Florida to have Alvarado’s estate administered as an intestate estate. William challenged Mississippi’s jurisdiction over Alvarado’s estate, arguing that (1) Alvarado’s personal property was in Florida and (2) Alvarado was still a Florida domiciliary despite moving to Mississippi because he had never been declared competent again and had not received the court’s permission to relocate. Cuevas was served with notice of the Florida proceeding and timely responded to request that the Florida court dismiss, abate, or stay proceedings during the pendency of the Mississippi action. Cuevas then petitioned the Mississippi court to probate the will in solemn form. Accordingly, as Alvarado’s intestate heir, William was personally served with a copy of the petition and a summons to appear, but he did not respond. The Mississippi probate court then issued a judgment that Alvarado was domiciled in Mississippi and admitted the will to probate. Cuevas provided the Florida court with a copy of the Mississippi judgment. Without addressing the effect of the Mississippi judgment or the purported will, Florida subsequently issued an order directing that Alvarado’s estate be administered as an intestate estate because he was a Florida domiciliary. Cuevas appealed the Florida order.