SHEILA NIEBURG EDELSTEIN
v.
ERIC W. SULZBERGER, ET AL.
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The probate of a will in Florida is conclusive of its due execution, the testator's competency, and freedom from fraud, duress, mistake, and undue influence in any collateral action relating to devised property.
[1] The probate of a will in Florida is conclusive in any collateral action or proceeding relating to devised property as to the will's due execution, the testator's competen…
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Join FLexlaw to unlock all legal intelligence“In any collateral action or proceeding relating to devised property, the probate of a will in Florida shall be conclusive of its due execution; that it was executed by a competent testator, free of fraud, duress, mistake, and undue influence; and that the will was unrevoked on the testator's death.”
Statutory basis for the court's affirmance, citing § 733.103(2), Fla. Stat. (2024)
Sheila Nieburg Edelstein appealed a circuit court judgment in a matter involving a will and devised property. The case involved a dispute concerning t…
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Third District Court of Appeal State of Florida
Opinion filed April 16, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-2262 Lower Tribunal No. 11-37956 ________________
Sheila Nieburg Edelstein, Appellant,
vs.
Eric W. Sulzberger, et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge.
The Mineo Salcedo Law Firm, and Peter Mineo, Jr. (Davie); Moore Rabinowitz Law, and Adam G. Rabinowitz (Plantation), for appellant.
Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet LLP, and Kenneth
R. Drake and Brandt Roen, for appellee Eric W. Sulzberger.
Before FERNANDEZ, LINDSEY, and MILLER, JJ.
PER CURIAM.
2 Affirmed. See § 733.103(2), Fla. Stat. (2024) (“In any collateral action or proceeding relating to devised property, the probate of a will in Florida shall be conclusive of its due execution; that it was executed by a competent testator, free of fraud, duress, mistake, and undue influence; and that the will was unrevoked on the testator’s death.”).