Loewy v. Green

STONE, Judge.

We affirm an order dismissing Appellant’s petition to determine her entitlement to an elective share of her deceased husband’s estate. Appellant’s claim was not filed within the 4 month period allotted for an election under section 732.212, Florida Statutes. Rather, it was filed some 17 months after that period expired.

Appellant, a co-personal representative of the estate, asserts that she did not file her claim initially because she was misled by the estate’s attorney into believing that she would receive 50% of the estate. She subsequently learned that her share in reality is…