Estate of Kaeron Alexander Payne
Feb 19, 2016OUTCOME: Court ruled in favor of Mr. Prentice's client as a Pretermitted Spouse who DID NOT secure her marriage to the Decedent for the purpose of gaining citizenship to the United States.
IN THE SEVENTH JUDICIAL CIRCUIT COURT IN AND FOR ST. JOHNS COUNTY, FLORIDA CASE NO.: CP14-499 DIVISION 56 IN RE: The Estate of KAERON ALEXANDER PAYNE, Decedent. ... / ORDER ON PETITION TO DETERMINE BENEFICIARIES AFTER RE-HEARING THIS MATTER came before the Court for rehearing on the limited issue raised by the Personal Representative in her Motion for Rehearing. The limited issue tried before this Court was whether the Decedent’s marriage to the alleged pretermitted spouse, Petal De Santos (“Ms. De Santos”); was based upon fraud, to wit: whether Ms. De Santos, a citizen of another country, fraudulently induced the Decedent to marry her solely for the purpose of gaining United States citizenship. At the trial, Ms. De Santos appeared and was represented by Alec K. Prentice, Esquire and J. Rudi Trader, Esquire; and Vernique Taylor (“Personal Representative”), the sister of the Decedent, appeared and was represented by Michael Naughton, Esquire. The Court heard testimony of the witnesses and argument of counsel and being otherwise fully advised in the premises makes the following Judgement: Accordingly, it is, ORDERED AND ADJUDGED: (1) The Personal Representative failed to prove her case on the limited issue before the court: that Ms. De Santos fraudulently induced the Decedent to marry her solely for the purpose of gaining United States citizenship. And further failed to prove that the Decedent’s marriage to Ms. De Santos is voidable under the full scope of the other theories exemplified in Florida Statute, 732.805. (2) That the Petition to Determine Beneficiaries is hereby granted. That Petal De Santos is the surviving spouse of the Decedent, Kaeron Alexander Payne, is a pretermitted spouse pursuant to Florida Statute 732.301, and is entitled to her intestate share of the Estate pursuant to Florida Statute 732.102(1), which the Court determines to be 100% of the assets of the estate and the exempt homestead real property owned by the decedent at the time of his death. (3) Pursuant to the representations made at the hearing prior to the rehearing the Personal Representative, Vernique Taylor, shall continue to work with the surviving spouse, Petal De Santos to complete the restoration of the real property with the insurance proceeds, and counsel for both parties shall continue to work together to effectively conclude this probate. (4) That the Order on Petition to Determine Beneficiaries entered by the Court on April 24, 2015 is vacated and this Order shall be considered the final Order on the Petition to Determine Beneficiaries filed herein by Petal De Santos. (5) The Court reserves jurisdiction to and will address the matter of attorneys' fees and costs at a hearing that may be scheduled before the Court. DONE AND ORDERED in Chambers at St Augustine, St Johns County, Florida this 19th day of February, 2016. J. Michael Traynor Circuit Court Judge
