PILOTO v. LAURIA

No. 4D09-3785.

45 So.3d 565 (2010)

Hilda PILOTO, as Personal Representative of the Estate of Jesus Alberto Lauria Lesseur, Appellant, v. Morelia Perez LAURIA, Appellee.

District Court of Appeal of Florida, Fourth District.

October 20, 2010.


Attorney(s) appearing for the Case

Michael Diaz, Jr. , Carlos F. Gonzalez , and Chad S. Purdie of Diaz Reus & Targ, LLP, Miami, for appellant.

Norman A. Fleisher of Gutter Chaves Josepher Rubin Forman Fleisher P.A., Boca Raton, for appellee.


GERBER, J.

The circuit court's final summary judgment removed the appellant as the personal representative of the decedent's ancillary estate and replaced her with the decedent's wife. The court reasoned that the wife had preference to become the personal representative. We affirm.

The decedent was survived by his wife and four adult children from a prior marriage. He died intestate, that is, without a will. The probate of his estate occurred in his domicile...

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