A custodian of a will who fails to comply with F.S. 732.901 which requires any custodian of a will to file it with the Clerk of the Court within ten (10) days of death of the decedent may not be ordered to comply and taxed with petitioner’s attorney’s fees without notice and a hearing. ( Probate, Will, Trust, Decedent, Real Estate, Attorney, Lawyer, Cape Coral, Fort Myers, Bonita, Lee, Collier, Florida )
Rossen v. Blichik, 46 So. 3d 1223 (Fla. 4th DCA 2010)
Case Impression: Few survivors are aware of the statutory requirement to file the will of a decedent within ten (10) days. The ruling is expected and proper.