New Case: Lee v. Estate of Payne

In Lee v. Estate of Payne, a decedent’s fiancéattempted to admit a Colorado holographic will in Florida, where the decedentowned three homes.

TheColorado personal representative alleged the holographic will was not validunder F.S. 732.502, which requires a will to be witnessed.  The Florida court denied the probate of theholographic will for this reason despite the fiancé’s argument that the statuteunconstitutionally restrained testator’s right to devise property.

See Jenna G. Rubin, Esq., Lee v. Estate of Payne, Rubin on ProbateLitigation, Sept. 19, 2013.