Bernal v. Marin

Oscar F. Bernal, the named personal representative and beneficiary of Renee Maria Zintgraffs Last Will and Testament (“Will”), appeals the trial court’s order granting summary judgment and the subsequently issued Final Declaratory Judgment in favor of the appellee, Christiane E. Marin, the successor trustee of Zint-graffs Revocable Living Trust (“Trust”). The trial court’s decision is based on its interpretation of section 736.0602(3), Florida Statutes (2008), and conclusion that Zintgraffs later-executed Will did not validly revoke her earlier Trust. For the reasons that follow, we reverse.

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