MATTHEW G. KENNEDY, ADMINISTRATOR AD LITEM OF THE ESTATE OF THOMAS R. KENNEDY
v.
KATHLEEN S. KENNEDY
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Where communications and assistance are consistent with a dutiful adult child towards an aging parent, there is no presumption of undue influence.
[1] Dutiful conduct by an adult child toward an aging parent, including communications and assistance, does not give rise to a presumption of undue influence in estate matter…
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Join FLexlaw to unlock all legal intelligence“Where communications and assistance are consistent with a 'dutiful' adult child towards an aging parent, there is no presumption of undue influence.”
Court's rationale for affirming the trial court judgment, citing Estate of Kester v. Rocco, 117 So. 3d 1196, 1200 (Fla. 1st DCA 2013)
Thomas R. Kennedy's estate was involved in a dispute regarding undue influence claims. Matthew G. Kennedy, as administrator ad litem of the estate, ap…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
MATTHEW G. KENNEDY,
ADMINISTRATOR AD LITEM OF THE
ESTATE OF THOMAS R. KENNEDY, Appellant, v. Case No. 5D21-1987 LT Case No. 2020-CA-208 KATHLEEN S. KENNEDY, Appellee. ________________________________/ Opinion filed August 9, 2022 Appeal from the Circuit Court for Hernando County, Don Barbee, Jr., Judge. Jeffrey A. Eisel, of Baskin Eisel Rightmyer, Clearwater, for Appellant. Clifford A. Taylor, of The Hogan Law Firm, Brooksville, for Appellee.
PER CURIAM.
2 AFFIRMED. See Estate of Kester v. Rocco, 117 So. 3d 1196, 1200 (Fla. 1st DCA 2013) (“Where communications and assistance are consistent with a ‘dutiful’ adult child towards an aging parent, there is no presumption of undue influence.”). EVANDER, COHEN and NARDELLA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The Est. OF Barbara Kester/Glenna Kester v. Rocco, 117 So. 3d 1196 (Fla. 1st DCA 2013)