5D03-486 Heid v. Heid

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-486

Case Date: 01/05/2004

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

ESTATE OF BLANCHE A. HEID, VELMA J. JONES, ETC., Appellant, v. Case No. 5D03-486 EDWARD J. HEID, III, ETC., Appellee. / Opinion filed January 9, 2004 Appeal from the Circuit Court for Brevard County, Charles M. Holcomb, Judge. Albert S. Lagano of Albert S. Lagano, P. A., Melbourne, for Appellant. Scott Krasny of Krasny and Dettmer, Melbourne, for Appellee. ORFINGER, J. Velma J. Jones, the personal representative of the estate of Blanche A. Heid,1 appeals a final judgment dismissing her second amended complaint with prejudice. We affirm, finding that the complaint failed to state a cause of action. Jones sued Edward J. Heid, III, individually and as successor trustee of the Edward J. Heid Trust ("Trust"), dated June 18, 1993. The complaint alleged that Edward J. Heid

Apparently, Blanche Heid survived her husband but died during the pendency of this litigation. Velma J. Jones was appointed personal representative of her estate.

1

("Decedent"), a resident of Brevard County, Florida, died December 18, 1999, survived by Blanche A. Heid, his wife. At the time of his death, the Trust held real and personal property for Decedent's benefit. Following Decedent's death, Edward J. Heid, III became the successor trustee. Jones, the personal representative of Mrs. Heid's estate, claims that Mrs. Heid was entitled to a portion of the assets held in the Trust pursuant to the elective share provisions of section 732.207, Florida Statutes (2001). In dismissing Jones' complaint with prejudice, the trial judge concluded that Florida's expanded elective share statute applies only to persons dying after October 1, 2001, and because Decedent died prior to that date, the expanded elective share statute did not apply. See

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