In Re Application of Zocchi

In this proceeding seeking a construction and determination of the effect of ARTICLE SIXTH of the Last Will and Testament of Clisi M. Zocchi (Decedent), petitioner is the trustee of a trust created under that article. Petitioner requests that the court direct the distribution of the remaining assets of the trust to Decedents surviving sons, in equal shares. Kara Lyn Tavolacci, f/k/a/ Kara Lyn Zocchi (Respondent), has filed an answer to the petition, asserting that Florida law controls this proceeding and that she, as Decedents grandchild, should receive the one-fourth of the trust remainder to which her late father would have been entitled. The parties have submitted memoranda and agreed that the court determine the petition on the papers submitted.