Steffens v. Evans
70 So. 3d 758
Fla. Dist. Ct. App.2011Background
- Jeffrey E. Steffens executed a 2002 will naming Andrea as substantial beneficiary.
- The parties entered into a June 6, 2007 Post-Nuptial Agreement while still married.
- Jeffrey died January 9, 2009; Andrea was appointed personal representative of the estate.
- February 4, 2010, Denise Evans petitioned to determine beneficiaries on behalf of Jeffrey’s minor children.
- The probate court determined Andrea waived all rights under the will via the Post-Nuptial Agreement.
- Andrea appealed, challenging the waiver, evidentiary rulings, and adversary-proceedings procedures; court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Post-Nuptial Agreement waives will rights | Steffens argues waiver does not cover will rights | Steffens' waiver broadly includes all rights to earnings, property, estate under the other party | Waiver effective; post-nuptial language broad enough to waive will rights |
| Whether the court erred in excluding evidence | Steffens contends the court should have admitted evidence | Evans contends exclusion was proper | No reversible error; issues without merit |
| Whether the probate court followed proper adversary-proceedings procedures | Steffens argues procedures were not properly followed | Evans argues procedures were proper | Procedural compliance; no error; issues without merit |
Key Cases Cited
- Hulsh v. Hulsh, 431 So.2d 658 (Fla. 3d DCA 1983) (antenuptial language waives spousal rights to will provisions)
- Port-A-Weld, Inc. v. Padula & Wadsworth Constr., Inc., 984 So.2d 564 (Fla. 4th DCA 2008) (interpretation of contract and waiver statutes reviewed de novo)
- Sumner Group, Inc. v. M.C. Distributec, Inc., 949 So.2d 1205 (Fla. 4th DCA 2007) (pure questions of law reviewed de novo)
- Knight v. Winn, 910 So.2d 310 (Fla. 4th DCA 2005) (citing de novo review of pure questions of law)