FLAGSHIP NAT. BANK OF MIAMI v. KING

No. 81-2206.

418 So.2d 275 (1982)

FLAGSHIP NATIONAL BANK OF MIAMI and Charles Curtis King, Jr., As Personal Representatives of the Estate of Charles Curtis King, Deceased, Appellants, v. Susan Fitzgerald King, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 8, 1982.


Attorney(s) appearing for the Case

Therrel, Baisden, Stanton, Wood & Setlin and Howard Setlin, Miami Beach, for appellants.

John F. Muckerman, Miami Beach, for appellee.

Before SCHWARTZ, NESBITT and JORGENSON, JJ.


SCHWARTZ, Judge.

Prior to their marriage, Mr. and Mrs. King made an oral agreement that neither would have a claim upon the other's separate property when he or she died. Afterwards, they memorialized this understanding in writing. The trial judge held that the provisions of Section 732.702(2), Fla. Stat. (1979), which require a "fair disclosure" of a spouse's assets to validate such a waiver by the other after marriage, controlled these facts and, in the absence...

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