Griem v. Becker

Summary

The Florida Third District Court of Appeal reviewed an order setting aside a prior determination that the decedent’s daughters were heirs and declaring the decedent’s marriage valid. The court affirmed the setting aside of the original heir-determination order but reversed the portions making a final determination regarding beneficiary status and marital validity without an indicated hearing, and remanded.

Holdings

1. The appellate court affirmed the portion of the order setting aside the October 10, 2006 order determining heirs and providing that the prior order would have no legal effect.
2. The circuit court could not make final determinations that the daughters were not beneficiaries or that the decedent's marriage was valid without the formal notice and hearing required in a proceeding to determine heirs.

Questions Presented

1. Whether the circuit court properly set aside the original order determining the heirs of the estate.
2. Whether the circuit court could make final determinations that the daughters were not estate beneficiaries and that the decedent's marriage to Becker was valid without a formal notice and hearing.

Disposition

reversed_and_remanded