Bitetzakis v. Bitetzakis

264 So. 3d 297 (2019)

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Nature of the Case

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Facts

Gregory Bitetzakis, passed in January 2017. His grandson was appointed personal representative and petitioned for the administration of a will dated in September 2013. Alice alleged that the will had not been executed in compliance with the statutory formalities set forth in section 732.502. She alleged that the decedent did not sign the purported will within the meaning of the statute. Gregory executed his will at his home on the morning of September 26, 2013. Gregory, his wife, and two witnesses-Thomas Rivera and the parties' pastor, Santiago Alequin-had gathered in the kitchen, where the parties met for weekly breakfasts. Rivera was the first person to sign as a witness and that he did so at the decedent's request. Alequin was the second to sign as a witness. Alequin stated that after he signed, the decedent began to sign the will but stopped at his wife's behest. Ana, Gregory's wife, testified that she was present on the occasion and recalled that Gregory asked Alequin and Rivera to sign the will. Ana also testified that she observed Gregory begin to sign the will, but she directed him to stop because she believed that he needed to sign before a notary. Ana confirmed that only Gregory's first name appeared on the signature line of the will, and she related that Gregory normally wrote his entire name when signing documents. The next day she took Gregory to a notary. Gregory did not bring the will, but instead brought another document which turned out to be a self-proof affidavit titled 'Affidavit of Subscribing Witnesses.' The self-proof affidavit has George's signature and the notary's stamp but incongruously avers that Gregory served as a witness to himself executing his own will. Rivera's and Alequin's signatures do not appear on that affidavit. The court admitted the document to probate. The court held that although Gregory only signed a portion of his name, that he intended this Will to be his last will and testament and he stopped his signature on the mistaken belief that he needed a notary present. Alice appealed.