IN RE ESTATE OF LOEWY

No. 93-0317.

638 So.2d 144 (1994)

In re the ESTATE OF Henry C. LOEWY, Deceased. Marian Loewy, Appellant, v. Marvin M. GREEN, As Co-Personal Representative and David S. Loewy, Individually, Appellees.

District Court of Appeal of Florida, Fourth District.

June 8, 1994.


Attorney(s) appearing for the Case

Brian M. O'Connell and Ronald E. Crescenzo, Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell, West Palm Beach, for appellant.

William T. Hess, L. Lisa Batts, P.A., Stuart, for appellee David S. Loewy.


STONE, Judge.

We affirm an order dismissing Appellant's petition to determine her entitlement to an elective share of her deceased husband's estate. Appellant's claim was not filed within the 4 month period allotted for an election under section 732.212, Florida Statutes. Rather, it was filed some 17 months after that period expired.

Appellant, a co-personal representative of the estate, asserts that she did not file her claim initially because she was misled...

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