PR who was administering decedent’s 1984 will when siblings filed a petition to administer a 2007 pour-over will and trust, filed a separate civil action attacking the validity of the 2007 trust. ( Probate, Will, Trust, Decedent, Real Estate, Attorney, Lawyer, Cape Coral, Fort Myers, Bonita, Lee, Collier, Florida )
Relinger v. Fox, 36 Fla. L. Weekly D294 (2011)
The appellate court granted certiorari and vacated the abatement of the civil action by the lower court. The appellate court noted that the parties were not identical in the two cases, that abatement is not favored, and consolidation of cases with similar issues is a more appropriate remedy.
Case Impression: It is unclear why the parties did not consent to consolidation of the probate matter and civil case.
