Monday, September 23, 2013
In Lee v. Estate of Payne, a decedent’s fiancé attempted to admit a Colorado holographic will in Florida, where the decedent owned three homes.
The Colorado personal representative alleged the holographic will was not valid under F.S. 732.502, which requires a will to be witnessed. The Florida court denied the probate of the holographic will for this reason despite the fiancé’s argument that the statute unconstitutionally restrained testator’s right to devise property.
See Jenna G. Rubin, Esq., Lee v. Estate of Payne, Rubin on Probate Litigation, Sept. 19, 2013.