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HARDING v. ROSOFF

No. 4D06-8.

951 So.2d 912 (2007)

Doreen HARDING, Appellant, v. Arnold ROSOFF and Merrill Lynch Trust Company, as Personal Representative of the Estate of Teresa Rosoff; and Arnold Rosoff and Merrill Lynch Trust Company, as Trustees of the Teresa M. Rosoff Revocable Trust; and Fiduciary Trust International of The South, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 11, 2007.

Attorney(s) appearing for the Case

George Elias, Jr., Miami, and Christine M. Moreno of Christine M. Moreno, Attorney, P.A., Stuart, for appellant.

Mark R. Manceri of Mark R. Manceri, P.A., Fort Lauderdale, John H. Pelzer and Brigid F. Cech of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellees Arnold Rosoff and Merrill Lynch Trust Company.

KLEIN, J.

Doreen Harding appeals an order denying her motion to surcharge Arnold Rosoff and Merrill Lynch, because of the decline in value of assets in a trust, while Rosoff and Merrill Lynch, as co-personal representatives, litigated the validity of the exercise of a power of appointment. She also asserts that the court erred in denying her attorney's fees for benefiting the estate by prevailing in the litigation. We affirm.

Raymond Molinari executed a will...

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