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Florida Probate Litigation and Questions of Statutory Interpretation

Uncategorized Dec 28, 2018
post about Florida Probate Litigation and Questions of Statutory Interpretation

Is there a relevant Florida statute in your inheritance case that could be interpreted multiple ways? What happens if one party to a probate lawsuit argues that a statute should be interpreted one way and the other party argues the opposite? How does the Florida probate court review questions of statutory interpretation? What should West Palm Beach probate lawyers know about statutory interpretation? A recent Second DCA opinion, Gordon v. Fishman, discusses this issue. 

In this Florida appeal, the ex-wife of the decedent argues that the trial court “erred in applying section 732.507(2) because the statute’s plain language makes it applicable only when the testator was married at the time he executed the will.” The other side argues that section 732.507(2) does apply to the case, even though the will was executed by the testator before the marriage. The court explains that they review questions of statutory interpretation de novo.  It quotes that “the cardinal rule of statutory construction is that a statute should be construed so as to ascertain and give effect to the intention of the Legislature as expressed in the statute.” The court then goes on to examine the plain language of the statute. What did the appellate court decide? To read the entire case, click here.