In Legal Aid Society v. Guardianship of Jaffe, a Florida guardianship court was faced with appointing a new guardian for an incapacitated ward. In 2006, Jennifer Jaffe (the “Ward”) was determined to be incapacitated. The Ward has had at least six court-appointed guardians since 2006, the most recent guardian being Ferd and Gladys Alpert Jewish Family & Children’s Service of Palm Beach County, Inc. (“AJFCS”).
In Malleiro v. Mori, Florida’s Third District Court of Appeal considered the competing wills of a nonresident – one will executed in New York, and one will executed in Argentina - to determine which will validly devised Decedent’s estate. This issue is particularly important in Florida, where many people from foreign countries and other states come to enjoy their retirement years.
One of the hallmark principles of estate administration is the personal representative’s right to take possession of all of the decedent’s property. Fla. Stat. § 733.607(1). However, this provision of the Probate Code also provides that such property can be left with the person presumptively entitled to it. In the face of this language, disputes arise as to (i) whether property is, in fact, the decedent’s property; and (ii) whether someone other than the personal representative has a right to possession of the property during administration.
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Due process is a common issue that comes up in cases concerning all areas of Florida law. In Flegal v. Guardianship of Peter R. Swistock, Sr., due process rights were at issue in the context of a Florida guardianship involving the joint titling of stocks between a ward and his daughters.