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actually passed to her outside the probate estate as surviving
tenant by the entirety. The will devised the residuary estate in
equal shares to Mr. Deutsch and his sisters.
Decedent's will designated Mr. Deutsch, a certified public
accountant, and Mr. Braunstein, an attorney, as executors, or
personal representatives, of his estate.3 In January 1989, Mr.
Braunstein informed petitioner that he believed decedent had
intended to increase the amounts left to her under his will. Mr.
Braunstein also informed petitioner that, regardless of the
provisions of the will, she was entitled to elect to take the
Florida elective share. He further told her that he would
apprise decedent's children of his understanding of decedent's
intention to change his will. Shortly thereafter, Mr. Braunstein
disclaimed his bequest under the will.
On February 14, 1989, petitioner filed an “Election to Take
Elective Share” with the probate division of the Circuit Court
for the 15th Judicial Circuit for Palm Beach County, Florida
(Probate Court). Petitioner's election resulted in more than 2
2(...continued)
“devise” to describe the transfer at death of personal property
as well as real property. Fla. Stat. Ann. sec. 731.201(8) (West
1995).
3 The terms “executor” and “personal representative” are
synonymous. Fla. Stat. Ann. sec. 731.201(25) (West 1995) defines
“personal representative” as a court appointed fiduciary who
administers a decedent’s estate. For purposes of the Florida
Probate Code, the definition supersedes “executor” and other
synonymous terms. Id.
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