BALDWIN v. ESTATE OF WINTERS

No. 4D06-509.

944 So.2d 437 (2006)

Allan BALDWIN, Appellant, v. ESTATE OF Jeannette Epler WINTERS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 10, 2007.


Attorney(s) appearing for the Case

Kathleen B. Johnson, Boca Raton, for appellant.

Amy J. Fanzlaw of Osborne & Osborne, P.A., Boca Raton, for appellee.


MAY, J.

A purported beneficiary of an estate appeals an order that dismissed with prejudice a petition for disbursement of funds from the estate. We agree with the probate court that the May 22, 1999 letter did not constitute a sufficient writing to bequeath monies. However, because the purported beneficiary raised a potentially credible issue that the writing constituted a codicil in his timely motion for rehearing, we reverse and remand.

The testator executed...

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