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McCORMICK v. ESTATE OF SMITH

No. 97-3035.

717 So.2d 628 (1998)

Peggy McCORMICK, as Personal Representative, Appellant, v. ESTATE OF Betty Jean SMITH, Appellee.

District Court of Appeal of Florida, Fifth District.

September 25, 1998.

Attorney(s) appearing for the Case

Marcus M. Cornelius, III, St. Augustine, for Appellant.

No appearance for Appellee.

GRIFFIN, Chief Judge.

This is the appeal of an order determining that the decedent's husband had no entitlement to funds received in settlement of a wrongful death claim by the personal representative of the decedent's estate. We agree with appellant that, without more, the husband's hand-written waiver of his elective share does not extinguish his rights in the wrongful death case. As for the lower court's decision that formal administration of this estate is required...

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