24-01562K

NOTICE OF ADMINISTRATION - ANCILLARY
(testate)
IN THE CIRCUIT COURT IN AND
FOR POLK COUNTY, FLORIDA
CASE 2024 CP 3462
IN RE ESTATE OF
MICHAEL T. FLYNN,
Deceased
The administration of the Ancillary Estate of MICHAEL T. FLYNN, deceased, is pending in the Circuit Court for Polk County, Florida, Probate Division, the address of which is 225 North Broadway Avenue, Bartow, Florida 33830. The file number for the estate is noted above. The Estate is testate and the date of the Decedent's Last Will and Testament is April 30, 2013.
The names and addresses of the personal representative and the personal representative's attorney are set forth below. The fiduciary lawyer-client privilege in Section 90.5021 applies with respect to the Personal Representative and any attorney employed by the Personal Representative.
Any interested person on whom a copy of the notice of administration is served must file with the court, on or before the date that is 3 months after the date of service of a copy of the Notice of Administration on that person, any objection that challenges the validity of the will, venue, or jurisdiction of the court. The 3 month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by section 733.212(3), Florida Statutes, all objections to the validity of a will, venue or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration.
Persons who may be entitled to exempt property under section 732.402, Florida Statutes, will be deemed to have waived their rights to claim that property as exempt property unless a petition for determination of exempt property is filed by such persons or on their behalf on or before the later of the date that is 4 months after the date of service of a copy of the notice of administration on such persons or the date that is 40 days after the date of termination of any proceedings involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the exempt property.
Unless an extension is granted pursuant to section 432.2135(2), Florida Statutes, an election to take an elective share must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, an attorney in fact, or a guardian of the property of the surviving spouse; or the date that is 2 years after the date of the decedent's death.
Under certain circumstances and by failing to contest the will, the recipient of this notice of administration may be waiving his or her right to contest the validity of a trust or other writing incorporated by reference into the will.
The Personal Representative or Curator has no duty to discover whether any property held at the time of the Decedent's death by the Decedent or the Decedent's surviving spouse is property to which the Florida Uniform Disposition of Community Property Rights at Death Act as described in Sec. 732.216-732.228 applies, or may apply, unless a written demand is made by the surviving spouse or a beneficiary as specified under Sec. 732.2211.
THOMAS FLYNN
Personal Representative
ROBERT T. MAGILL, ESQUIRE
Florida Bar #64371
MAGILL LAW OFFICES
Post Office Box 922 Orlando, Florida 32802 Telephone: (407) 614-4509 Email: [email protected]
Attorney for Personal Representative
November 8, 15, 2024 24-01562K