Florida/Georgia Personal Injury & Workers Compensation

...First, the probate court’s order construing will is premature because the record does not contain an order admitting the will to probate or appointing Buford Cody the PR under the provisions of the will. “A will may not be construed until it has been admitted to probate.” § 733.213, Fla....

...ll. The 1978 will is thus not invalid simply by virtue of its revocation in the 1993 will. The 1978 will was before the court as evidence in the contest over the 1993 will, but it has not been offered for probate. The trial court was correct to cite section 733.213, Florida Statutes (1999) and In re Estate of Smith, 716 So.2d 335 (Fla....

...Thus, we reasoned that both the brother and the personal representatives essentially sought to have the probate court construe a provision of the will. Id. at 525. We explained: A petition to construe a will is premature before the will has been admitted to probate. § 733.213, Fla....

...That statute speaks of the “validity of the will,” not of the “validity of the will or a part thereof.” Essentially, Tendler and the PRs both sought to have the circuit court construe a provision of the will. A petition to construe a will is premature before the will has been admitted to probate. § 733.213, Fla....

...Hann then filed a motion for partial summary judgment seeking a determination that certain accounts passed by survivorship rather than pursuant to the 1993 will. Although it appears the trial court’s ruling may be correct, we hold that the trial court entered the partial summary judgment prematurely. Section 733.213, Florida Statutes (1997), provides that “[n]o pleading seeking construction, of a will may be maintained until the will has first been probated.” It is undisputed that neither will has yet been admitted to probate....