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HomeMy WebLinkAbout2880 i y 4. Venue of this proceeding is in St. Lucie County since Decedent died while domiciled in St. Lucie County. 5. JAMES WALTER WARREN, whose address is Route #3, Box 518, Ft. Pierce, Florida 33450, and who is qualified under the laws of the State of Florida to serve as the Personal Representative of . Decedent's estate, is entitled to preference and appointment as Personal Representative because. a. He is the natural father of the Decedent. b. Petitioner, PATSY JEAN WARREN, and the Respondent, JAMES WALTER WARREN, are adverse parties in dissolution of marriage proceedings presently taking place in St. Lucie County (Case No: 79-204 FR). In her Counter-Petition for Dissolution of Marriage, Petitioner alleges that she is without sufficient funds to care for the minor children of the parties and further alleges that the Respondent is .gainfully enployed and capable of prwidirtg su{rport for the minor children of the parties, both temporarily and permanently. The Petitioner further alleges that she is without funds to pay her attorneys for their services in that litigation. Under Florida Statute $733.402, every person to whom Letters are granted shall execute and file a Bond with Surety. The Respondent is more qualified to be appointed Personal Representative since he can comply with this bond requirement. F The intent of said bond is to guarantee performance of all duties a~ Personal Representative according to law. This Court, by allowing ~ the Respondent, rather than the Petitioner, to be appointed as t Personal Representative, will be more assured that all duties of the Personal Representative are performed. c. The Respondent is no more likely to be an adverse E party to the estate than is the Petitioner. d. Under Florida Statute X733.302 and 303 the Respondent may be appointed and is not barred from appointment as Personal e F Representative. 6. The nature and approximate value of the assets in the estate are: personal property valued at or about $200.00 and anticipated damages from a Wrongful Death Suit. 7. After the exercise of reasonable diligence, Respondent is ' unaware of any unrevoked wills or codicils of decedent. ~L o ~A ~ ~ -2- EJkt ~08 YaCE2ooV ~ yl.