Merli v. Merli
Florida District Court of Appeal
332 So. 3d 1020 (2022)
- Written by Tammy Boggs, JD
Facts
Donna Merli (defendant) and her husband (the husband) decided to seek a dissolution of their marriage. To that end, the couple entered into a partial marital settlement agreement that divided certain of their marital assets and liabilities but specifically excluded alimony and a portion of the husband’s pension benefits. The settlement agreement also did not change the form of ownership of their marital home, which allowed for spousal survivorship rights. The family court adopted the partial marital settlement agreement as an order. Before the court could enter a judgment dissolving the marriage, the husband died, and the case was dismissed. The husband died intestate, or without a will. In probate court, the husband’s brother, Richard Merli (plaintiff), petitioned to serve as personal representative of the husband’s estate. Richard claimed that Donna had waived her spousal intestate rights via the partial marital settlement agreement and that Richard was the husband’s sole heir. Donna counter-petitioned to be designated as personal representative on the grounds that she was the husband’s surviving spouse and sole beneficiary of his estate. The probate court granted summary judgment for Donna, finding that she had not waived her rights under Florida Statutes § 732.702(1). Richard appealed.
Rule of Law
Issue
Holding and Reasoning (Harper, J.)
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