Rubin on Probate Litigation

Stuart v. Ryan , 232 So.3d 418 (Fla. 4th DCA 2017) This decision is a nice review of the availability of exceptions to Florida homestead creditor protection.  Despite the fact that the discussion about exceptions to homestead being dicta,  because the property in question was determined to not be homestead property, the decision provides a summary of the status of the law in this area. The Florida Constitution lists only three exceptions to our homestead creditor protection: (1) government entities with a tax lien or assessment on the property; (2) banks or other lenders with a mortgage on the property which originated from the purchase of the property; and (3) creditors with liens on the property which originated from work or repair performed on the property.  The Court acknowledged that the Florida Supreme Court had recently recognized a fourth exception for alimony creditors, and that other Florida courts had found other exceptions for specific factually disti...

Stone v. Stone, 157 So.3d 295 (2014), 2014 WL 5834826 Another homestead decision!  This time, the Court made two interesting holdings concerning homestead, QPRTs and a spouse's ability to waive homestead rights: (1) When a homeowner transfers property to a QPRT pursuant to F.S. 732.4017, and the property reverts back to the homeowner's estate because the homeowner failed to survive the term of the QPRT, a subsequent disposition of the property pursuant to the homeowner's will is a devise, subject to Florida's constitutional homestead devise restrictions and (2) The joinder of the homeowner's spouse on a deed transferring homestead property will constitute a valid waiver of homestead rights even if the deed contains no waiver language. Like the last homestead decision, it is helpful to map out the transfers which occurred: (1)  Husband and wife own homestead property. (2)  Husband and wife execute warranty deed conveying property to themselves as tenants...

Lee v. Estate of Payne , 148 So.3d 776, 2013 WL 5225200 (Fla. 2d DCA 2013) This case involved a decedent's fiance's attempt to admit the decedent's Colorado holographic will in Florida (where the decedent owned three homes).  The holographic will left the fiance one of the houses, plus $40,000 from the sale of the other two houses.  He left his father the remainder of the sale proceedings. The decedent's sister and Colorado personal representative filed a Petition for Administration in Florida, and alleged that the holographic will was not valid under F.S. 732.502(2), since it was not executed in compliance with F.S. 732.502(1).  She listed the decedent's minor daughter as the only beneficiary of the estate. The fiance sought to have the Florida court admit the holographic will to probate to give full faith and credit to the Colorado court.   F.S. 734.104 say that a foreign will that devises Florida real property and is admitted to probate in anothe...