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
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-02-17
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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 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(1)(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(1)(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?

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