5D02-1077 Dean v. Bentley

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-1077

Case Date: 06/30/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2003

JONATHAN S. DEAN, ETC., ET AL, Appellant, v. CASE NO. 5D02-1077

JACKIE BENTLEY, ET AL., Appellee. / Opinion filed July 3, 2003. Appeal from the Circuit Court for Marion County, Brian D. Lambert, Judge. Jonathan S. Dean of Dean & Dean, LLP, Ocala, for Appellant. Reuben S. Williams, IV of Wilson and Williams, P.A., Ocala, for Appellee.

THOMPSON, J. Jonathon Dean, as personal representative, and Mario Lamon Williams appeal the order revoking probate and reopening the estate of Cecil Gadson a/k/a Cecil Gasden ("decedent"). We affirm the trial court's order because there is evidence that the personal representative committed fraud on the court by failing to disclose to the court the possibility of a subsequent will and an "interested person."

Cecil Gadson died on 8 June 2000, and on 26 September 2000, the court admitted to probate a 1974 will in which the decedent devised all his property to his step-grandson, appellant Mario Williams. The petition for administration stated that the only assets of the estate were "homestead property valued at $11,775.00 and cash in the amount of $6,000.00." The court appointed attorney Jonathan Dean personal representative of the estate.1 On 20 November 2000, attorney Henry J. Prominski contacted Dean stating that in 1999, he had prepared a power of attorney and a will for the decedent. The will named Jackie Bentley2 personal representative and sole devisee. Dean informed Prominski that a prior will had been admitted to probate, and Prominski, who was not representing Bentley, replied that he would advise Bentley to take appropriate action. On 28 November 2000, Dean contacted Detective David Byrd of the Marion County Sheriff's Office, alleging that Jackie Bentley had used the power of attorney given to him by the decedent to remove $17,000 from the decedent's bank account and had used the money to open a bank account in his name. Dean told Detective Byrd that the removal of the funds was beyond the scope of Bentley's power of attorney and requested that Detective Byrd investigate to determine if any criminal laws had been violated. On 29 November 2000, Dean told Detective Byrd that Bentley may have a new will naming Bentley the beneficiary of the decedent's entire estate. Detective Byrd telephoned Bentley regarding the 1999 will.

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