CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1988 WL 36854
...WEBSTER, PETER D., Associate Judge. This appeal is from a final judgment admitting to probate a "separate writing" ostensibly disposing of certain property outside the decedent's will. We may affirm the judgment only if we conclude that the requirements of section 732.515, Florida Statutes (1985), have been satisfied. Section 732.515 reads as follows: Separate writing identifying devises of tangible property....
...refer to "power of appointment" rather than to property disposed of by some writing separate and apart from the will, there is no reference in the will to "a written statement or list" in existence or to be prepared. Thus, a critical requirement of section 732.515 has not been satisfied and the purported "separate writing" may not be admitted to probate....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 18968, 2006 WL 3299834
...He requested distribution of $50,000 to purchase the car. At the hearing on the purported beneficiary’s petition, his counsel argued only that the writing of May 22, 1999 was a memorandum sufficient to devise an unspecified sum of money, pursuant to section 732.515, Florida Statutes (1997). The probate court denied the petition with prejudice. In its order, the court noted that the beneficiary was proceeding under section 732.515, and concluded that “the statute does not direct the personal representative to surrender the cash value of a new Mercedes automobile to Mr....
...ise this issue in its petition precluded its consideration. The probate court agreed and denied the motion. First, we agree with the probate court’s initial ruling that the separate writing was not a proper devise of tangible property, pursuant to section 732.515. Because the devise was of a monetary amount, it could not be effectuated through a separate writing under the 1997 version of section 732.515....
CopyCited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 719, 2010 Fla. LEXIS 2082, 2010 WL 4977543
of the decedent, or a writing described in section 732,515 of the Code; (B) A deed to a burial plot; (C)
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 7180, 2011 WL 1878014
...ary duty. In his complaint, appellant alleged that all conditions precedent were met, excused, or waived. Tulin, in turn, filed a motion to dismiss the complaint on three grounds: illegal gambling, barring of the breach of fiduciary duty claim under section
732.515, Florida Statutes, and failure to state a cause of action because the agreement did not comply with section
732.701, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 11535, 1987 WL 2642
...The trust document referred to a list of personal assets to be attached to the trust document to effectuate the conveyance. The list was never attached. The decedent also left a will which contained a provision disposing of assets by a separate writing, pursuant to section 732.515, Florida Statutes....
