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PAREDES v. McLUCAS

No. 89-452.

561 So.2d 439 (1990)

Sara Jane PAREDES, Etc., Appellant/Cross Appellee, v. Mabel B. McLUCAS, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fifth District.

May 17, 1990.

Attorney(s) appearing for the Case

John B. Walkup, Jr., Ocala, for appellant/cross appellee.

Fred J. Krim of Savage, Krim, Simons, Fuller & Ackerman, P.A., Ocala, for appellee/cross appellant.

PETERSON, Judge.

Sara Jane Paredes, as personal representative of the Estate of Ben F. McLucas, appeals an order determining the formula to be used in calculating the amount of the elective share distributable to a surviving spouse. We affirm.

We recognize that the decision by this court is contrary to at least two publications1 heretofore relied upon by probate practitioners. The logic and the reliance by members of the legal...

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