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petition, Ms. Hoffman was listed as the executrix of decedent’s
estate. At the time the petition was filed, Mr. Chamberlain
resided in Michigan, and Ms. Hoffman resided in Illinois.
Decedent married Alfred Hoffman, Jr. (Mr. Hoffman), on June
2, 1961, and they had three children during their marriage. On
January 15, 1992, the marriage between decedent and Mr. Hoffman
was dissolved in the Circuit Court of Pinellas County, Florida.
Decedent and Mr. Hoffman entered into a “Marital Settlement
Agreement” (the marital settlement), effective as of October 17,
1991, which was incorporated into the divorce decree.3 The
presiding judge did not interpret the marital settlement or
impose any conditions in addition to those set forth in the
marital settlement. The presiding judge noted that the marital
settlement was fair and reasonable and was freely and voluntarily
entered into by both parties with the full benefit of counsel and
other experts.
Marital Settlement Agreement
The marital settlement was divided into 20 articles.
Article I provided that the marital settlement was intended to be
a full settlement of all matters pending in the divorce
proceedings, including a division of the marital assets and
provisions for the support of decedent.
3Art. XV of the marital settlement provided that “The laws
of the State of Florida shall govern the validity, construction,
interpretation and effect of this Agreement.”
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