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of claim disallowance was also sent denying the $21,451 refund in
full.
Death and Probate Proceedings
Approximately 2 weeks prior to her June 17, 2003, death,
decedent had telephoned Ms. Carnette and asked her to come to
Sint Maarten, where decedent was in the hospital. Ms. Carnette
did so and was with decedent until her death. During that
period, on June 16, 2003, decedent executed a will appointing Ms.
Carnette as sole heiress, executrix, and administrator of
decedent’s estate.
The just-mentioned will was admitted to probate in the
Circuit Court for Hernando County, Florida, and Ms. Carnette was
appointed personal representative in late 2003. Her petition for
administration contained a listing of estate assets that
included, among other items, the Brooksville, Florida, property
($425,000); a 2000 Nissan ($8,000); a 1988 Holiday Rambler travel
trailer ($18,000); bank accounts at SunTrust ($82,461); and
portfolio accounts at Wells Fargo ($431,587.75) and Valdes &
Moreno ($2,286.50). Mr. Greene then filed suit in the Superior
Court for Los Angeles County, California, in early 2004,
contending that decedent’s property should pass in accordance
with a pourover will and trust executed by decedent in California
on July 7, 2000, that purportedly left all assets to Mr. Greene.
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