No. 22-6354

Thomas J. McNulty v. Rose Olivo, et al.

Lower Court: Florida
Docketed: 2022-12-20
Status: Denied
Type: IFP
IFP
Tags: civil-procedure civil-rights constitutional-rights due-process estate-law felony-conviction felony-disenfranchisement first-amendment inheritance pro-se-litigation probate-procedure standing
Latest Conference: 2023-02-17
Question Presented (from Petition)

1. Whether a lawful sole heir/beneficiary to an interstate
estate, who is a convicted felon, awaiting the
appointment of a personal representative, would be
procedurally barred from petitioning the court, pro se,
in an attempt to protect his or her lawful inheritance
and the estate assets, wich is his or hers by operation
of law, from theft, fraud, etc, or any other improper
means of unlawful procurement or unlawful
distribution of the estate assets?

2. What are the rights of a sole heir/beneficiary before a
personal representative is appointed or as in this case,
when the court fails to appoint a personal
representative, after rejecting all applicants?

3. Whether §733.303(l)(a) (the disqualification of a person
for appointment as personal representative based on a
felony conviction) is unconstitutional as applied in that
it denies the lawful sole heir/beneficiary his or her
First Amendment right to pursue claims pro se while
appointment of a personal representative is pending or
if no appointment occurs?

4. Whether §733.303(l)(a) (the disqualification of a person
for appointment as personal representative based on a
felony conviction) is unconstitutional as applied when it
prevents the sole heir, who is a convicted felon and
indigent, from instituting any civil actions on behalf of
the decedent, the estate or him or herself, to recover
property and other assets unlawfully procured before
and after the decedent's death?

Question Presented (AI Summary)

Whether a lawful sole heir/beneficiary to an interstate estate, who is a convicted felon, awaiting the appointment of a personal representative, would be procedurally barred from petitioning the court, pro se, in an attempt to protect his or her lawful inheritance and the estate assets, which is his or hers by operation of law, from theft, fraud, etc, or any other improper means of unlawful procurement or unlawful distribution of the estate assets

Docket Entries

2023-02-21
Petition DENIED.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2022-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2023)

Attorneys

Thomas J. McNulty
Thomas J. McNulty — Petitioner