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Answer and Defenses 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.

Adversary Proceeding# PRC12000xxxx

R.L., 
    Petitioner,
v.
C.D., as Personal Representative of the Estate of F.L., 
The Estate C.L., as Beneficiary,
A.L., Individually,
F.G., Individually and
L.B., Individually and as Limited Personal Representative of the Estate of F.L. in New York, 
    Respondents.
______________________________________/

RESPONDENT’S, C.D.’S, ANSWER AND AFFIRMATIVE DEFENSE TO PETITION FOR REVOCATION OF PROBATE OF WILL

The Respondent, C.D., as personal representative of the Estate of Frances M. Lara, files this Answer and Affirmative Defense to Petition for Revocation of Probate Will filed by R.L. and follows:

1. The personal representative admits the allegations of paragraphs 1, 2 and 4 of the Petition for Revocation of Probate of Will. 

2. The personal representative denies the allegations of paragraph 3(including subparts); however, the personal representative reserves the right to amend this answer in the event evidence is brought forward which supports any or all of the allegations. 

3. The personal representative has no knowledge of the allegations of paragraph 5 and takes Petitioner’s renunciation at face value. 

4. The personal representative denies the allegations of paragraphs 6 and 7 of the Petition for Revocation of Probate of Will. 

AFFIRMATIVE DEFENSE

The Respondent, C.D., as personal representative of the Estate of F.L., asserts the following affirmative defense:

1. The Petition for Revocation of Probate of Will is or may have been untimely filed.

WHEREFORE, the Respondent, personal representative of the Estate of F.L., requests that an order be entered denying the Petition for Revocation of Probate of Will unless sufficient evidence is brought forth to purport the relief requested by the Petitioner, R.L.. In the event that the petition is denied, the Respondent, Personal Representative of the Estate of F.L., requests that the court assess reasonable attorney’s fees and costs incurred by counsel for the personal representative and against R.L.. 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this _15th___ day of May, 2012 a true and correct copy of the foregoing was faxed [305.405.7979], and/or mailed to: Bradely H. Trushin, Esq, and Stacy B. Rubel, Esq., [Attorneys for R.L.] 12550 Biscayne Blvd Ste 904, North Miami, Florida 33181-2547; and Alan Cohn, Esq., [Attorney for C.L., Deceased] 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

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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.