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Response to Petition For Probate
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
Case No.: 11-xxxx-CP
IN RE: THE ESTATE OF Division: 03
T.P.,
Deceased.
______________________________/
RESPONSE AND AFFIRMATIVE DEFENSES TO PETITION FOR ESTABLISHMENT & PROBATE OF LOST OR DESTROYED WILL & APPOINTMENT OF PERSONAL REPRESENTATIVE
O.S., (“OS”), as the person specifically named as personal representative of the Estate of T.P. in Decedent’s Last Will and Testament dated November 16, 2009 (but who was not given formal notice by the Petitioner), by and through undersigned counsel, hereby submits this Response and Affirmative Defenses to Petition for Establishment & Probate of Lost or Destroyed Will & Appointment of Personal Representative (“Petition”) filed by Petitioner, P.S. aka “P.S.”, and states the following:
1. “OS” denies the allegations set forth in paragraph 1 of the Petition.
2. “OS” admits the allegations set forth in paragraph 2 of the Petition.
3. “OS” is without knowledge, and therefore denies the allegations set forth in paragraph 3 of the Petition.
4. “OS” denies the allegations set forth in paragraph 4 of the Petition.
5. “OS” denies the allegations set forth in paragraph 5 of the Petition.
6. “OS” denies the allegations set forth in paragraph 6 of the Petition.
7. “OS” admits the allegations set forth in paragraph 7 of the Petition.
8. “OS” denies the allegations set forth in paragraph 8 of the Petition.
9. “OS” is without knowledge, and therefore denies the allegations set forth in paragraph 9 of the Petition.
10. “OS” admits the allegations set forth in paragraph 10 of the Petition.
11. “OS” is without knowledge, and therefore denies the allegations set forth in paragraph 11 of the Petition.
AFFIRMATIVE DEFENSES
First Affirmative Defense
“OS” alleges that the Last Will and Testament, dated January 7, 2003, attached to Petitioner’s Petition for Establishment & Probate of Lost or Destroyed Will & Appointment of Personal Representative is not the last Will of the Decedent.
Second Affirmative Defense
“OS” alleges that on November 16, 2009, Decedent executed a Last Will and Testament that revokes all former Wills and Testamentary dispositions made by the Decedent, including Decedent’s Last Will and Testament, dated January 7, 2003. “OS” is concurrently filing a Petition for Administration of the November 16, 2009 Will.
Third Affirmative Defense
Petitioner failed to give “OS” formal notice of his Petition for Establishment & Probate of Lost or Destroyed Will & Appointment of Personal Representative despite having knowledge of the Decedent’s subsequent Will dated November 16, 2009.
WHEREFORE, “OS” respectfully requests that the Will dated January 7, 2003 not be admitted into probate, that P.S. aka “P.S.” not be appointed personal representative of the Estate of T.P., and for such further relief which is just and appropriate under the circumstances.
Respectfully submitted,
SACKRIN & TOLCHINSKY, P.A.
Attorneys for Respondent, “OS”
2100 East Hallandale Beach Blvd., #200
Hallandale Beach, FL 33009
Telephone: (954) 458-8655
Facsimile: (954) 455-3388
By__________________________________________
ALAN D. SACKRIN, ESQ. Florida Bar No. 349070
LARRY TOLCHINSKY, ESQ. Florida Bar No 021997
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This is a sample lawsuit related to a specific set of facts and circumstances and should not be used or relied upon for any probate matter. We recommend and urge you to consult with an experienced lawyer for professional advice as each case is unique.