In Re Est. of Solnik, 401 So. 2d 896 (Fla. 4th DCA 1981). · Go Syfert
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In Re Est. of Solnik, 401 So. 2d 896 (Fla. 4th DCA 1981). Cases Citing This Book View Copy Cite
8 citation events across 1 distinct court.
Strongest positive: Nahar v. Nahar (fladistctapp, 1995-06-07)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Nahar v. Nahar
Fla. Dist. Ct. App. · 1995 · confidence medium
Consequently, I would adhere to the contrary rule established in Ogden , the Restatement (Second) of Conflict of Laws, the Restatement (Third) of Foreign Relations, and as extensively analyzed in Cardenas , which recognizes, as a general rule, only final judgments and decrees of a foreign jurisdiction, subject to limited exceptions. [6] Seymour v. Seymour, 85 So.2d 726, 727 (Fla. 1956); Sanchez v. Sanchez De Davila, 547 So.2d 943, 945 (Fla. 3d DCA), rev. denied, 554 So.2d 1168 (Fla. 1989); In re Solnik's Estate, 401 So.2d 896, 897 (Fla. 4th DCA 1981). [7] Sanchez v. Sanchez De Davila, 547 So.2…
cited Cited as authority (rule) Friedberg v. Sunbank/Miami, NA
Fla. Dist. Ct. App. · 1994 · confidence medium
Estate of Solnik, 401 So.2d 896, 897 (Fla. 4th DCA 1981).
cited Cited as authority (rule) Sanchez v. Sanchez De Davila
Fla. Dist. Ct. App. · 1989 · confidence medium
Seymour v. Seymour, 85 So.2d 726, 727 (Fla. 1956); In re Estate of Solnick, 401 So.2d 896, 897 (Fla. 4th DCA 1981).
Retrieving the full opinion text from the archive…
In re the ESTATE OF Max SOLNIK, Deceased.
80-2229.
District Court of Appeal of Florida, Fourth District.
Jul 22, 1981.
401 So. 2d 896
Schwartz.
Cited by 5 opinions  |  Published

[*897] Murray S. Kaplan of Stierer, Amendola & Kaplan, West Palm Beach, for appellant.

Kenneth H. Renick, Lake Worth, for appellee.

SCHWARTZ, ALAN R., Associate Judge.

The trial court held, in entering judgment on the pleadings for the decedent's daughter, that the appellant-widow's elective share does not extend under Section 732.206, Florida Statutes (1979),[1] to joint savings accounts with rights of survivorship he established in the names of himself and the daughter pursuant to Section 665.063(1), Florida Statutes (1979). Since this property was plainly not "subject to administration" as provided by Section 732.206, this ruling was entirely correct. See Adams v. Board of Trustees of Internal Improvement Fund, 37 Fla. 266, 20 So. 266, 278 (1896); 31 Am.Jur.2d Executors & Administrators §§ 1, 193 (1967). The widow's contention that her share should be computed on the basis of including such non-probatable assets is belied by the legislature's specific rejection of Sections 2-201 and 2-202 of the Uniform Probate Code, which would have so provided, see Fenn and Koren, The 1974 Florida Probate Code, 27 U. of Fla.L.Rev. 1, 36-37, and is unacceptably contrary to the unambiguous statutory language it eventually chose instead.

AFFIRMED.

LETTS, C.J., and GLICKSTEIN, J., concur.

1 732.206 Property entering into computation. — The elective share shall be computed by taking into account all property of the decedent wherever located that is subject to administration except real property not located in Florida.