Lee v. Lee
Florida District Court of Appeal
263 So. 3d 826 (2019)
- Written by Liz Nakamura, JD
Facts
Andre Lee died intestate, survived by his three children, Camille Lee (plaintiff), Nicole Lee (defendant), and Bruce Lee. Andre’s intestate estate had two principal assets, a piece of real property in Miami and the settlement proceeds from a wrongful-death claim. Camille was appointed the personal representative of Andre’s estate. Nicole executed a written disclaimer stating that she irrevocably disclaimed her right to any of Andre’s estate assets. Nicole’s signature on the disclaimer was witnessed by two witnesses and was notarized. Nicole delivered the disclaimer to Camille, and Camille filed it with the probate court. The probate court then entered an order distributing the assets of Andre’s intestate estate. Approximately one year later, Nicole challenged the estate distribution, arguing that her disclaimer was deficient. After a hearing, the probate court held that the disclaimer both failed to fulfill Florida’s statutory requirements and violated the statute of frauds because it did not specifically identify the real property in Miami. Camille appealed.
Rule of Law
Issue
Holding and Reasoning (Scales, J.)
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