Home – Florida Probate – Pleadings Main Index

Answer to Petition For Probate

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA

Case No.: PRC 10-000xxxx 

IN RE: THE ESTATE OF Division: (61) – GREENE

F.L.,
    Deceased.
______________________________/

PETITIONER’S, C.D.’S, ANSWER AND DEFENSES TO THE PETITION FOR ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE

Petitioner, C.D., by and through undersigned counsel files this Answer and Defenses to the Petition for Establishment and Probate of Lost or Destroyed Will and Appointment of Personal Representative served by R.L., through his attorney, Bart H. Chepenik in July, 2011, as follows:

1. C.D. filed a Petition for Administration on February 2, 2011. 

2. C.D. asserted in the Petition for Administration that the decedent’s last will dated May 27, 2010 was in the possession of the court.

3. The co-personal representatives named in that Will, are C.D. and C.L.

4. R.L. through his counsel, Bart Chepenik, served C.D. with notice on July 11, 2011, of the filing of a Petition for Establishment and Probate of Lost or Destroyed Will and Appointment of Personal Representative alleging that there was a February 10, 2005 in which he was a beneficiary. Petitioner herein, C.D., was purportedly the sole named personal representative of that Will. 

5. C.D. objects to the administration of the Will dated February 10, 2005. Inasmuch as the Last Will and Testament of F.L. dated May 27, 2010 specifically states in the first paragraph that this Will is to be my “Last Will and Testament, hereby revoking any and all wills and codicils I previously have made.” (emphasis supplied)

6. C.D. admits that F.L. died on or about June 20, 2010, Broward County, Florida at age 93 and that her address at the time of her death was in Hollywood, Florida. 

7. There are no specific factual allegations that the May 27, 2010 Last Will and Testament of F.L. was procured by undue influence and/or fraud. 

8. All interested persons have been served with a copy of this answer/response to the Petition for Establishment and Probate of Lost or Destroyed Will and Appointment of Personal Representative served by R.L., through his attorney, Bary H. Chepenik.

9. C.D. asserts that the May 27, 2010 Last Will and Testament of F.L. be admitted to probate and that she and Charles Lara be appointed co-personal representatives of the Estate of F.L. in accordance with provisions of that Will. 

_____________________________________
C.D., Petitioner

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this ____ day of August, 2011 a true and correct copy of the foregoing was faxed [305.405.7979], email bchepenik@ctllp.com and/or mailed to: Bart H. Chepenik, Esq., [Attorney for R.L.] 12550 Biscayne Blvd Ste 904, North Miami, Florida 33181-2547 and Alan Cohn, Esq., [Attorney for Charles Lara] Greenspoon Marder, P.A., Trade Centre South, Suite 700, 100 W. Cypress Creek Road, Fort Lauderdale, FL 33309.

SACKRIN & TOLCHINSKY, P.A.
Attorney for Petitioner
2100 East Hallandale Beach Blvd./Suite 200
Hallandale Beach, FL 33009
Telephone: (954) 455-0800
Facsimile: (954) 455-9649

By__________________________________________
ALAN D. SACKRIN, ESQ. Florida Bar No. 349070
LARRY TOLCHINSKY, ESQ. Florida Bar No 021997

/kb

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.