08/22/2026
We are so proud of our senior attorney, Rachael Alexander, who recently WON an appeal at the Second District!
Rachael represented a client who was never properly notified of a probate proceeding involving a family members estate. Before her client became aware of the case, the court had admitted an older will to probate, appointed another family member as Personal Representative, and distributed the estate’s primary asset—a residence—according to that earlier will. The client later retained our firm to challenge those orders and seek admission of a newer will that left the majority of the estate to her.
The trial court denied our petition, finding that our client had been properly served despite the fact that she never actually received notice in accordance with the probate rule governing service. Under the applicable probate rule, service may be made by certified mail; however, when certified mail is returned as undeliverable, refused, or unclaimed, notice must then be sent by first-class mail. Rachael argued that this requirement had not been satisfied.
After the trial court rejected her position, she filed an appeal—her first as lead counsel representing an appellant. In July, the appellate court issued its decision and, notably, authored a written opinion. The court agreed with her argument and reversed the lower court’s ruling.
This is a significant outcome. Not only did our client prevail, but the appellate court’s opinion provides guidance on the interpretation and application of the probate rule. As a published appellate decision, it will serve as precedent that other attorneys and courts may rely on in future cases.
We are happy to have achieved a positive outcome for our client and commend Rachael’s tenacity and contribution to the development of Florida probate law.
