ELIZABETH E. MENZ, APPELLANT,

v.

IN RE THE ESTATE OF CLIFFORD M. MENZ, DECEASED, APPELLEE

Citator

Cited By

• The Fla. Bar. in re Rules of Probate & Guardianship Procedure, 531 So. 2d 1261 (Fla. 1988)
  …elevant facts. The committee offers no opinion on whether a personal representative may have a duty to oppose the entitlement to the elective share based on the existence of an apparently valid marital agreement. The case of Menz v. Estate of Menz, 381 So. 2d 375 (Fla. 1st DCA 1980), provides for attorney’s fees to be awarded to surviving spouse if the personal representative fails to file a petition to determine the amount of the elective share. If the optional procedure in paragraph (a) is utilized, the fi…
• Tillman v. Smith, 526 So. 2d 730 (Fla. 5th DCA 1988)
  …h the decedent’s actual intent and; 3) her actions fulfilled the duties of the personal representative by petitioning for and obtaining the elective share. In support of her position, the surviving spouse relies primarily on Menz v. Estate of Menz, 381 So. 2d 375 (Fla. 1st DCA 1980), In re Estate of Freedman, 340 So. 2d 1275 (Fla. 3rd DCA 1977)2 and Johnson v. Burleson, 61 So. 2d 170 (Fla.1952). The opinion in Menz v. Estate of Menz provides in its entirety as follows: PER CURIAM. The Order Determining Ele…
• Smail v. Hutchins, 491 So. 2d 301 (Fla. 3d DCA 1986)
  …standing to file the petition to enforce Luta’s right to an elective share. See §§ 733.612(20), 46.021, Fla.Stat. (1985). In addition, appellee owed Luta a duty to file the petition to determine the elective share. See Menz v. In re Estate of Menz, 381 So. 2d 375 (Fla. 1st DCA 1980); see also Fla.R.P. & G.P. 5.360(a) (“If the surviving spouse files an election for elective share, the personal representative shall file a petition to determine the amount of the elective share....”) (emphasis added). Since Luta…

Authorities Cited

• In re Est. of Harry Freedman, 340 So. 2d 1275 (Fla. 3d DCA 1977)