This week the Palm Beach Circuit Court struck down a Florida law that would invalidate non-resident’s probate of their estate. Earlier this week I wrote about Florida’s recent adoption of same sex marriage and the various legal issues that are on the rise. Here is just one example of how the law has to adjust to the times.
Here is a quick breakdown of the relevant facts:
- Frank C. Bangor died a resident of Pennsylvania on March 15, 2014.
- Mr. Bangor owned real property in Palm Beach County, thus necessitating an “ancillary administration” (an administration in addition to the primary administration that took place in Pennsylvania) of his Estate in Florida.
- Mr. Bangor left a Will dated January 31, 2005, which leaves his entire Estate to the Petitioner, W. Jason Simpson, and names Mr. Simpson to act as Personal Representative.
- The Will has been admitted to probate in Pennsylvania, and Mr. Simpson has been appointed Executor there.
- Mr. Simpson is a resident of Pennsylvania.
- Mr. Bangor and Mr. Simpson were legally married in the State of Delaware.
- Mr. Simpson has petitioned for appointment as Mr. Bangor’s Personal Representative in Florida.
Before the Court was the issue of whether Mr. Simpson was entitled to the preference (being named as Personal Representative) listed on the will under Florida law. The situation proscribed by Mr. Bangor’s will would violate Florida Statute 741.212, which states that same sex unions from other states are not respected in the State of Florida. Mr. Simpson further alleged a constitutional deprivation in his filings with the Court.
This all comes about because in Florida as a non-resident, Mr. Simpson may only be appointed if he qualifies under Florida Statute 733.304. Mr. Simpson claims to qualify under the statute as a surviving spouse, as he was legally married in Delaware to Mr. Bangor.
The Attorney General of Florida, Pamela Jo Bondi was given notice of the issues Mr. Simpson claims with the law and the administration procedure. Under Florida law Ms. Bondi has a right to file a brief with the Court and to argue for the application of Florida law. No such briefs or motions were filed.
The Court held that as applied the law was unconstitutional and held that Mr. Simpson was entitled to be a Personal Representative of his deceased husband’s estate. The Court could find no legitimate interest to denying Mr. Simpson his right to be Personal Representative. The Court noted that its decision was a narrow one based on the facts and not meant to apply to other cases.
Read more: IN RE ESTATE OF, FRANK C. BANGOR a/k/a FRANCIS C. BANGOR, Deceased. Circuit Court, 15th Judicial Circuit in and for Palm Beach County, Probate Division. Case No. 502014CP001857XXXXMB, Division IB. August 5, 2014. Diana Lewis, Judge.