Florida/Georgia Personal Injury & Workers Compensation

...order dismissing with prejudice as untimely his amended petition for construction and declaration of rights under a testamentary trust. Additionally, Appellant seeks an appellate determination that certain provisions of the testamentary trust are contrary to public policy pursuant to section 736.0404, Florida Statutes (2021)....

...Because we determine that Appellant’s amended petition did not amount to a challenge of the validity of the will within the meaning of section 733.212(3), Florida Statutes (2021), we reverse and remand for further proceedings. We decline to address whether provisions of the testamentary trust violate public policy or section 736.0404, because the issue was not ruled upon by the probate court and is premature for appellate review. Background The decedent, William Gundlach, Jr., was an attorney....