A Florida court ruled on April 8, 2020, that a 2012 will is valid and controls over a later handwritten will from 2015 in a dispute involving the estate of René J.A. Zaidman. The ruling affects the deceased's wife and children, determining how his assets will be distributed following his death in 2017.
The case, Sacha Zaidman and Patricia Zaidman v. Natchaya Zaidman, was decided by the Third District Court of Appeal of Florida under docket number 3D19-0966. The court's decision confirms the importance of adhering to legal requirements when creating or revoking a will, especially in cases involving international documents.
Background
The parties in this case include Natchaya Zaidman, the wife of the deceased, and the couple's children, Sacha and Patricia Zaidman. The dispute arose after the death of René J.A. Zaidman in 2017, when two competing wills were presented for probate. The first will, executed in Miami-Dade County, Florida, on March 28, 2012, was submitted by Natchaya Zaidman. The second will, a handwritten document dated May 17, 2015, was filed by the children and was reportedly deposited with a Rabbi in Antwerp, Belgium.
The 2015 will claimed to revoke all previous wills and specified that it should only be revealed to the children after their father's death. It also stated that any disputes regarding the will should be resolved in the Orthodox Rabbinical Tribunal in Antwerp. Following the submission of both wills, Natchaya Zaidman filed a petition for administration in Miami, asserting that her husband was a resident of Florida at the time of his death.
The children, residing in Belgium and Israel, countered by arguing that the 2015 will was valid and had revoked the 2012 will. After a hearing, the trial court ruled in favor of Natchaya Zaidman, leading to the appeal by the children.
The Ruling
The Third District Court of Appeal affirmed the lower court's ruling, stating that the earlier 2012 will was valid and had not been revoked by the later 2015 document. The court emphasized the necessity of adhering to statutory requirements for wills in Florida, which include being signed by the testator in the presence of two witnesses.
The court ruled, "The alleged 2015 will does not revoke the 2012 will as a matter of law and has no force or effect in this proceeding."
The judges involved in the ruling were SALTER, LOGUE, and GORDO. The court noted that the 2015 will failed to meet the legal standards required for a valid will in Florida, as it was handwritten and executed without the presence of the requisite witnesses.
Impact
This ruling reinforces the importance of following legal procedures when creating or revoking a will. It clarifies that even if a will is valid under the laws of another country, it may not be recognized in Florida if it does not comply with Florida's legal requirements. This case serves as a reminder for individuals to ensure that their estate planning documents are properly executed to avoid disputes among heirs.
The decision affects not only the Zaidman family but also sets a precedent for future cases involving competing wills, particularly those that cross international borders. It highlights the challenges families may face when dealing with wills that do not meet local legal standards.
What's Next
The children may consider appealing the decision to a higher court, but details regarding any potential appeal were not available in the court filing. There are currently no related cases pending that were mentioned in the opinion.