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DeSMIDT v. DeSMIDT

No. 89-02928.

563 So.2d 193 (1990)

John L. DeSMIDT and John Rulong, As Copersonal Representatives of the Estate of Hermanes K. DeSmidt, Deceased, Appellants, v. Beulah DeSMIDT, Appellee.

District Court of Appeal of Florida, Second District.

June 22, 1990.

Attorney(s) appearing for the Case

Jerald J. Chlipala, of Jerald J. Chlipala, P.A., Fort Myers, for appellants.

No appearance by appellee.

ALTENBERND, Judge.

The trial court granted Beulah DeSmidt, the surviving spouse of Hermanes K. DeSmidt, a family allowance from her husband's estate pursuant to section 732.403, Florida Statutes (1987). The copersonal representatives argue that the surviving spouse is not entitled to the family allowance because she has personal assets and the allowance is not necessary for her support. We affirm the probate order because the current family allowance statute "entitles...

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