Florida/Georgia Personal Injury & Workers Compensation

...Ann § 40.013; the right to run for political office, Fla. Const. 6 § 4; the right to possess a firearm, Fla. Stat. Ann § 790.23; the right to be a firefighter, Fla. Stat. Ann § 633.34; the right to administrate the estate of a deceased, Fla. Stat. Ann § 733.302; and the right to enter certain professions or hold particular licenses (private investigator, yacht broker, &c.). 10 States v....

...§ 40.013; the right to run for political office, Fla. Const. 6 § 4; the right to possess a firearm, Fla. Stat. Ann. § 790.23; the right to be a firefighter, Fla. Stat. Ann. § 633.34; the right to administrate the estate of a deceased, Fla. Stat. Ann. § 733.302; and the right to enter certain professions or hold particular licenses (private investigator, yacht broker, & c.). requires that every element of an offense appear in an indictment, id....

...st Law Section, amicus curiae. *42 ALDERMAN, Justice. Meyer Pincus appeals an order of the circuit court denying his petition for appointment as a co-personal representative of the estate of Leo Greenberg. Upholding the constitutionality of sections 733.302 and 733.304, Florida Statutes (1977), the trial court denied this petition on the basis that Pincus was not a resident of Florida and was not related to Greenberg....

...Against challenges that they violate the equal protection and due process clauses of the fourteenth amendment and the privileges and immunities clause of article IV, section 2 of the Constitution of the United States, we uphold the constitutionality of sections 733.302 [1] and 733.304 [2] and affirm....

...he fundamental rights implicating utilization of the strict scrutiny test. Relying on Shapiro v. Thompson ; Dunn v. Blumstein ; and Memorial Hospital v. Maricopa County, 415 U.S. 250, 94 S.Ct. 1076, 39 L.Ed.2d 306 (1974), Pincus argues that sections 733.302 and 733.304 infringe upon the testator's fundamental right to *44 travel and, therefore, the strict scrutiny test must be applied....

...The Supreme Court, *45 in Califano, renounced this suggestion and announced that the broader implications of this transposition in other areas of substantive law would destroy the independent power of each state under the constitution to enact laws uniformly applicable to all of its residents. We find that sections 733.302 and 733.304 do not penalize the exercise of the testator's right to travel in the sense contemplated by the Supreme Court in those decisions where it has applied the strict scrutiny test....

...Since neither a suspect class nor a fundamental right is affected by the legislation in question, the rational basis or minimum scrutiny test applies in evaluating the equal protection challenge. Utilizing this test, we hold that the distinctions drawn by sections 733.302 and 733.304 bear a reasonable relationship to a legitimate state objective and therefore do not violate the equal protection clause....

...Furthermore, we find that it is not unreasonable for an exception to be created for nonresident relatives because, more than likely, the nonresident relative will also be a beneficiary of the decedent's estate. Finding no violation of the equal protection clause, we proceed to Pincus's contention that sections 733.302 and 733.304 violate the due process clause of the fourteenth amendment because they create an irrebuttable presumption that otherwise competent persons are not qualified to serve as personal representatives because of their nonresidency....

...much the same as the compelling interest test in the analysis of equal protection claims. Here, no fundamental rights are impinged, and therefore measured against the reasonableness test enunciated in Weinberger v. Salfi , we conclude that sections 733.302 and 733.304 are *49 constitutional. As we have previously explained, these statutes represent a rational means of accomplishing a legitimate state goal. Furthermore, we hold that sections 733.302 and 733.304 do not violate article IV, section 2, Constitution of the United States, which provides: "The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States." Pincus misapprehends the d...

...As has already been noted, the Supreme Court of the United States has acknowledged the state's province in regulating the manner of testamentary dispositions. Pincus has no fundamental right to serve as a personal representative in Florida. Accordingly, having concluded that sections 733.302 and 733.304 are constitutional, we affirm the trial court's order denying Pincus's petition for appointment as a co-personal representative of the estate of Leo Greenberg. It is so ordered. BOYD, OVERTON and McDONALD, JJ., concur. ENGLAND, J., dissents with an opinion, with which SUNDBERG, C.J., and ADKINS, J., concur. ENGLAND, Justice, dissenting. By enacting sections 733.302 and 733.304, Florida Statutes (1977), the Florida Legislature has chosen to forbid certain nonresidents from acting as personal representatives for Florida estates....

...The Florida legislature must make up its collective mind either to exclude nonresidents or to permit them to serve; it cannot have matters both ways. I would strike the residency statute and allow Meyer Pincus to serve *52 as co-personal representative for his former client. SUNDBERG, C.J., and ADKINS, J., concur. NOTES [1] Section 733.302 provides: Subject to the limitations in this part, any person sui juris who is a citizen of the United States and a resident of Florida at the time of the death of the person whose estate he seeks to administer is qualified to act as personal representative in Florida....

...A person who has been convicted of a felony or who, from sickness, intemperance, or want of understanding, is incompetent to discharge the duties of a personal representative is not qualified. In In re the Estate of Fernandez, 335 So.2d 829 (Fla. 1976), we held that the United States citizenship requirement contained in section 733.302, Florida Statutes (1975), was invalid because such requirement violated the equal protection clauses of the fourteenth amendment to the United States Constitution and article I, section 2 of the Florida Constitution....

...tor be a resident of Florida guaranteed the basic ability of one to perform the duties of a personal representative, but we held that the additional requirement of United States citizenship had no bearing on ability. In 1979, the legislature amended section 733.302 to eliminate the requirement of United States citizenship....

...action such as that brought by the plaintiffs in this case. Furthermore, in order to be appointed personal representative in the state of Florida, one must be a resident of Florida at the time death of the person whose estate he seeks to administer. § 733.302 Fla.Stat....

...lant Wilkerson C. Gilbert (Gilbert), the deceased minor's father, in the estate are "divergent and conflicting"; precluding Gilbert, a convicted felon whose civil rights had been restored, from serving as personal representative pursuant to sections 733.302 and 733.303, Florida Statutes (1993); and appointing an administrator ad litem....

...tion. Gilbert asserts that, because his civil rights were restored through the governor's constitutional power to grant clemency, he cannot now be precluded from becoming a personal representative by the legislative prohibition contained in sections 733.302 and 733.303, Florida Statutes....

...The applicable probate statutes, in addition to the bar on convicted felons, require only that persons seeking to qualify to act as a personal representative not be "incompetent to discharge the duties of a personal representative" as a result of "sickness, intemperance, or want of understanding," section 733.302, Florida Statutes (1993) or not be "mentally or physically unable to perform the duties," section 733.303(1)(b), Florida Statutes (1993)....

...en a person occupying a position of statutory preference who is not specifically disqualified by the statute. In re the Estate of Snyder, 333 So.2d 519 (Fla. 2d DCA 1976). Accordingly, in keeping with Sandlin, we hold that the provisions of sections 733.302 and 733.303 do not absolutely disqualify Gilbert, as a convicted felon who has received a restoration of civil rights, from consideration as a personal representative of his daughter's estate....

...Department of Business Regulation, 556 So.2d at 465; Sandlin, supra; In re the Estate of Snyder, supra . AFFIRMED in part, REVERSED in part, and REMANDED with directions to reconsider Gilbert's motion for appointment as a personal representative in light of this opinion. BOOTH and JOANOS, JJ., concur. NOTES [1] 733.302 Who may be appointed personal representative.—Subject to the limitations in this part, any person sui juris who is a resident of Florida at the time of the death of the person whose estate he seeks to administer is qualified to act as personal representative in Florida....

...Effect of fraud, duress, mistake, and undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.302, Fla....

...Smith and Robert Lee Hoskins III, New York City, of counsel), for plaintiffs. Thomas A. Beenck, Asst. Atty. Gen., Dept. of Legal Affairs Civil Div., Tallahassee, Fla., for defendant. MEMORANDUM OPINION KRENTZMAN, District Judge. This case considers the constitutionality vel non, of Florida Statutes 733.302 and 733.304 [1] which disqualify nonresidents from serving as personal representatives of decedents to whom they were not related....

...§§ 733.401-.405. *665 If Mr. Malkin would not be able to settle and distribute the decedent's estate efficiently and expeditiously, by reason of nonresidence or otherwise, then he is precluded from being appointed even without consideration of §§ 733.302, .304....

...ne who may be a trusted business or professional associate without allowing inquiry as to his ability to serve, solely because he is a nonresident. For the reasons given, the Court finds that the irrebuttable presumption, created *666 by Fla.Stat. §§ 733.302 and 304, that Mr....

...Fain's estate violates the fourteenth amendment to the United States Constitution. Due process requires that Mr. Malkin personally and Mrs. Fain, in her capacity as personal representative of Mr. Fain's estate, be given an opportunity at a hearing to rebut this presumption, absent the nonresidence bar of § 733.302, and if successful, that Mr....

...To complete the file herein plaintiffs are directed to file a copy of the supplemental order of the Probate Court in this case upon its entry. Jurisdiction is retained. IT IS SO ORDERED at Tampa, Florida this 3 day of January, 1979. NOTES [1] (All citations of statutes are to the 1975 edition of Florida Statutes). 733.302 Who may be appointed personal representative....

...(11) Removal of domicile from Florida, if the personal representative is no longer qualified under part III of this chapter. Note that automatic removal of a personal representative for removal of domicile from Florida, under § 733.504, is subject to the same attacks as automatic disqualification for nonresidency under §§ 733.302, .304.

...Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. *210 § 733.302, Fla....

...rve as estate administrators is limited to blood relatives of the deceased. Appellant, a nonresident, is the nephew of the deceased's first and second wives (both of whom predeceased him), and was named as personal representative in decedent's will. Section 733.302, Florida Statutes (1989), generally provides that personal representatives of Florida estates must be Florida residents....

...estate while a resident of Dade County. Mr. Fernandez is a resident of Dade County, but is not a citizen of the United States. Solely because of his lack of citizenship, the trial judge denied his petition for letters of administration, relying upon Section 733.302, Florida Statutes (1975), [1] and holding the citizenship requirement of the statute constitutional....

...The sole question presented for our review is the validity of the requirement that an applicant for letters of administration be a citizen of the United States. Although Mr. Fernandez has asserted several constitutional grounds for invalidating the citizenship requirement in Section 733.302, we deem it unnecessary to discuss them all since we find that particular requirement violative of the equal protection clauses of the Fourteenth Amendment to the United States Constitution and Article I, Section 2 of the Florida Constitution....

...ly; and (2) that a citizen is more likely than an alien to be amenable to the service of court process. Fernandez contests these assumptions as a matter of logic in light of other requirements built into the probate law, and we agree with his views. Section 733.302 requires that persons appointed as administrators be residents of this state, and it expressly provides that persons "incompetent to discharge the duties of a personal representative" are not qualified to serve....

...In that case the Supreme Court of Michigan upheld, against an equal protection attack, a Michigan statute prohibiting the appointment of aliens as administrators of estates, based on an express legislative intention to assure amenability to process. The residency requirement in Section 733.302 fulfills the same goal without regard to citizenship status....

...[8] It is also clear now that even the "broad power" of the federal government over immigration and naturalization does not permit discrimination against aliens by federal agencies acting without explicit authorization of the Congress and the President. [9] The citizenship requirement of Section 733.302 is certainly no more justifiable for the administration of an intestate estate than for the purposes and subjects involved in those cases....

...t identified). Nothing in section 733.301(1)(a) purports to vest discretion in the trial courts to disregard the preference there specified, as long as the personal representative nominated by the decedent is statutorily qualified to serve. Sections 733.302 and 733.303(1), together, set out the qualifications required of one who wishes to serve as a personal representative. Section 733.302 requires that the person be "sui juris" and "a resident of Florida at the time of the death of the person whose estate is to be administered." It is undisputed that appellant satisfied these two requirements....

...distribution to the decedent's heirs. 46 U.S.C. Section 627. Consequently, the Court holds that it will adopt, and adapt, the probate law of Florida in order to comply with the statute's command and carry out its equitable purpose. First, Fla.Stat. Section 733.302 provides that any personal legally competent (sui juris), who also is a resident of the State of Florida, may be appointed as a personal representative of a decedent's estate....

...2007 Revision: Committee notes revised. Statutory References § 731.201(21)(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.202, Fla. Stat. Petition. § 733.301, Fla. Stat. Preference in appointment of personal representative. § 733.302, Fla....

...Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.302, Fla....

...Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.302, Fla....

...731.111 Notice of creditors F.S. 732.5165 Effect of fraud, duress, mistake, and undue influence. F.S. 733.109 Revocation of probate. F.S. 733.212 Notice of administration; filing of objections and claims. F.S. 733.2123 Adjudication before issuance of letters. F.S. 733.302 Who may be appointed personal representative....

...It further implies the inherent jurisdiction of the court to control by judicial overview the succession. 1977 Revision: Citation form change in committee note. 1988 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 733.302 Who may be appointed personal representative....

...731.111 Notice to creditors. F.S. 732.5165 Effect of fraud, duress, mistake, and undue influence. F.S. 733.109 Revocation of probate. F.S. 733.212 Notice of administration; filing of objections and claims. F.S. 733.2123 Adjudication before issuance of letters. F.S. 733.302 Who may be appointed personal representative....

...It further implies the inherent jurisdiction of the court to control by judicial overview the succession. 1977 Revision: Citation form change in committee note. 1988 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References: F.S. 733.302 Who may be appointed personal representative....

...Effect of fraud, duress, mistake, and undue influence. *35 § 733.101, Fla. Stat. Venue of probate proceedings. bate. o & I© 2 o s o CO 3 F OO S’ CO CO § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.302, Fla....

...fees. The remaining language was deemed *1329 unnecessary. Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.301, Fla.Stat. Notice; method and time; proof. 733.202, Fla.Stat. Petition. § 733.302, Fla.Stat....

...§ 732.5165, Fla.Stat. Effect of fraud, duress, mistake, and undue influence. § 733.109, Fla.Stat. Revocation of probate. § 733.212, Fla.Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla.Stat. Adjudication before issuance of letters. § 733.302, Fla.Stat....

...1988 Revision: Committee notes revised. Citation form changes in committee notes. 1992 Revision: Editorial changes to clarify rule. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.301, Fla.Stat. Notice; method and time; proof. E&§ 733.302, Fla.Stat....

...From its inception through the June 1999 NICA petition filed in this case, there have been two conditions precedent to the application of NICA and its exclusive remedy provision: (1) the child must have sustained a birth-related neurological injury as defined by section 733.302(2) and (2) the defendant health care provider must have provided the patient with notice = of the provider's participation in NICA....

...Statutory References F.S. 732.5165 Effect of fraud, duress, mistake, and undue influence. F.S. 733.109 Revocation of probate. F.S. 733.212 Notice of administration; filing of objections and claims. *1093 F.S. 733.2123 Adjudication before issuance of letters. F.S. 733.302 Who may be appointed personal representative....

...The oath for an individual shallmust substantially comply with the following form: [CAPTION] OATH OF PERSONAL REPRESENTATIVE STATE OF COUNTY OF I, , (Aaffiant), state under oath that: 1. I am qualified within the provisions of sections 733.302, 733.303, and 733.304, Florida Statutes, to serve as personal representative of the estate of , deceased....

...Rule History 1977 Revision - 2021 Revision: [No Change] 2024 Revision: Rule was amended to distinguish between the oath requirements for corporate and individual personal representatives. Committee notes revised. Statutory References § 733.302, Fla....

...General definitions. § 731.301, Fla. Stat. Notice. § 732.522, Fla. Stat. Method and place of execution. § 732.526, Fla. Stat. Probate. § 733.202, Fla. Stat. Petition. § 733.301, Fla. Stat. Preference in appointment of personal representative. § 733.302, Fla....

...The oath shall substantially comply with the following form: [CAPTION] OATH OF PERSONAL REPRESENTATIVE STATE OF COUNTY OF I, , (Affiant), state under oath that: 1. I am qualified within the provisions of sections 733.302, 733.303, and 733.304, Florida Statutes, to serve as personal representative of the estate of , deceased....

...nt that the personal representative has never been convicted of abuse, neglect, or exploitation of an elderly or disabled adult and to revise notary block for compliance with revised section 117.05, Florida Statutes. Statutory References 733.302, Fla....

...Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.302, Fla....

...The oath shall substantially comply with the following form: [CAPTION] OATH OF PERSONAL REPRESENTATIVE STATE OF COUNTY OF I, , (Affiant), state under oath that: 1. I am qualified within the provisions of sections 733.302, 733.303, and 733.304, Florida Statutes, to serve as personal representative of the estate of , deceased....

...conform the oath to statutory changes and to provide a proposed form for the oath of personal representative. The oath is expanded to address the qualifications and continuing duties of the personal representative. Statutory References 733.302, Fla....

...*852 2002 Revision: Addition of phrases in subdivision CD to add references to wills probated in Florida where the original is in the possession of a foreign official. Editorial changes. Committee notes revised. Statutory References § 731.301, Fla. Stat. Notice; — method: and time;--proof § 733.202, Fla. Stat. Petition. § 733.302, Fla....

...Effect of fraud, duress, mistake, and undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.302, Fla....

...Committee notes revised. Citation form changes in committee notes. 2002 Revision: Rule amended to implement procedures found in section 733.3101, Florida Statutes. Committee notes revised. Statutory References § 731.301, Fla. Stat. Notice; method and time; proof. § 733.302, Fla....

...2003 Revision: Committee notes revised. Statutory References § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.202, Fla. Stat. Petition. § 733.301, Fla. Stat. Preference in appointment of personal representative. § 733.302, Fla....

...Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.302, Fla....

...General definitions. § 731.301, Fla. Stat. Notice. § 732.522, Fla. Stat. Method and place of execution. § 732.526, Fla. Stat. Probate. § 733.202, Fla. Stat. Petition. § 733.301, Fla. Stat. Preference in appointment of personal representative. § 733.302, Fla....

...Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.302, Fla....

...The oath shall substantially comply with the following form: [CAPTION] OATH OF PERSONAL REPRESENTATIVE STATE OF COUNTY OF I, , (Affiant), state under oath that: 1. I am qualified within the provisions of sections 733.302, 733.303, and 733.304, Florida Statutes, to serve as personal representative of the estate of , deceased....

...conform the oath to statutory changes and to provide a proposed form for the oath of personal representative. The oath is expanded to address the qualifications and continuing duties of the personal representative. Statutory References 733.302, Fla....

...The oath for an individual shallmust substantially comply with the following form: [CAPTION] OATH OF PERSONAL REPRESENTATIVE STATE OF COUNTY OF I, , (Aaffiant), state under oath that: 1. I am qualified within the provisions of sections 733.302, 733.303, and 733.304, Florida Statutes, to serve as personal representative of the estate of , deceased....

...Rule History 1977 Revision - 2021 Revision: [No Change] 2024 Revision: Rule was amended to distinguish between the oath requirements for corporate and individual personal representatives. Committee notes revised. Statutory References § 733.302, Fla....