Legal Opinion

Malleiro v. Mori

District Court of Appeal of Florida

Decided September 30, 2015No. 14-0095PublishedCited by 2 opinions

1Opinion of the CourtLogue, J.

■ This is a dispute over whether the distribution of a testator’s real and ■ personal property in the United States is governed by an earlier will executed in New York or a subsequent unsigned, notarial will executed in Argentina. The trial court admitted the Argentine will to probate and held that it revoked the New York will. We reverse. We hold that the Argentine will, although a notarial will, is a nuncupative will prohibited by the Florida Probate Code because it is unsigned.

FACTS AND PROCEDURAL HISTORY

Elena Isleño, the Testator, was born in Argentina. She died in Florida at the age of…

2Cases cited4 opinions

  1. Woodgate Development Corp. v. Hamilton Investment TrustSupreme Court of Florida · 1977
  2. Allen v. DalkSupreme Court of Florida · 2002
  3. In re Estate of CarltonDistrict Court of Appeal of Florida · 1969
  4. In re Estate of VaughnDistrict Court of Appeal of Florida · 1964

3Cited by2 opinions

  1. Rizk v. RizkDistrict Court of Appeal of Florida · 2018
  2. Rizk v. RizkDistrict Court of Appeal of Florida · 2018

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