Florida/Georgia Personal Injury & Workers Compensation

...The probate court, however, determined that the residence was Johnson's homestead within the meaning of article X, section 4 of the Florida Constitution. Since Johnson was survived by a minor child, the homestead was not subject to devise. Art. X, § 4(c), Fla. Const.; § 732.4015, Fla....

...NOTES [1] There is no dispute over the determination that the residence was Johnson's homestead within the meaning of the Florida Constitution, and that it was not subject to devise because Johnson was survived by a minor child. Art. X, § 4(c), Fla. Const.; § 732.4015, Fla....

...d when property is owned by a person who has a legal duty to support another arising out of a family relationship, regardless of whether that individual is in fact the head of the family. Petitioner further contends that the legislature, in adopting section 732.4015 of the Probate Code, Florida Statutes (1979) [2] eliminated the requirement that a decedent spouse who owned the marital home be the head of the family before restrictions on devise away from the other spouse would apply....

...Draft of Proposed 1968 Constitution, July 20, 1968, at 17: Florida State Archives RG 005, Series 725, Box 1, file 19. This analysis reflects that the amended homestead provision was clearly not intended to apply in the broad manner contended by the petitioner. We find that the use of "homestead" in section 732.4015 refers to "homestead" as that term is used in the Florida Constitution....

...ALDERMAN, C.J., and ADKINS, BOYD and McDONALD, JJ., concur. SUNDBERG and EHRLICH, JJ., dissent. NOTES [1] The Act allows alimony from either spouse and charges each spouse with an equal duty to support the children of the marriage. §§ 61.08, .09, .13(1), Fla. Stat. (1979). [2] Section 732.4015, adopted in 1975, reads: "Devise of homestead....

...rced sale of the premises involved and the testator had asserted his homestead exemption. Id. at 142. Similarly, in Holden v. Estate of Gardner, 420 So.2d 1082, 1085 (Fla. 1982), the Florida Supreme Court held that the use of the term "homestead" in Section 732.4015, Florida Statutes (1979) (which concerns the devise of homestead) refers to homestead as that term is used in the Florida Constitution....

...This timely appeal followed. Appellant, Truda C. Jewett, contends that under Florida law, the decedent's attempt to devise the homestead property in equal shares to his wife and son is invalid. We agree. Article X, section 4(c) of the Florida Constitution and section 732.4015, Florida Statutes (1985) provide that homestead property shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the spouse if the owner is not survived by any minor children....

...y ultimately passes. Revocable living trusts are widely used will-substitute devices that provide flexibility in managing the settlor's assets during his or her lifetime. In other contexts, revocable trusts are treated similarly to wills. See, e.g., § 732.4015, Fla....

...Finally, the Trustee’s reliance on homestead cases misses the mark. Insur- *488 anee benefits are treated differently than homestead property. The Florida Constitution places restraints on the devise of homestead property for the benefit of the heirs: “Article X, § 4(c), of the Florida Constitution and F.S. 732.4015 provide that the owner of homestead property may not devise that property if survived by a spouse or a minor child.” Jeffrey A....

...Clifton's homestead had to pass to his widow for life with remainder interest to Charles A. and Lonnie. Charles N.'s will was executed on January 4, 1973, two days after the effective date of the 1973 amendment to the Florida Constitution, [1] and implementing legislation (§ 732.4015) which permits the owner of homestead property to devise it to a surviving spouse if there are no minor children....

...They were then able to limit their losses, as much as possible, and as soon as possible. Because we find no basis to hold that Dorothy should be estopped, we reverse and remand this cause for entry of a judgment consistent with this opinion. REVERSED and REMANDED. DAUKSCH and COBB, JJ., concur. NOTES [1] January 2, 1973. [2] § 732.4015, Fla....

...se, and the rights of the surviving spouse to homestead, exempt *545 property, and family allowance, or any of them, may be waived, wholly or partly, before or after marriage, by a written contract, agreement, or waiver, signed by the waiving party. Section 732.4015, Florida Statutes (1987), provides: As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or minor child, except that the homestead may be devised to the owner's spouse if there is no minor child....

...agreement. Admitting the fact that Ivadelle Jurmu is a surviving spouse, the first issue is whether she had the right to make a knowing and intelligent waiver of both her constitutional right under article X, section 4, and her statutory right under section 732.4015....

...erned its disposition. The probate court refused to set aside the order authorizing the sale of the property and the decedent's two children and City National Bank of Florida appeal. We affirm. Article X, section 4(c) of the Florida Constitution and Section 732.4015, Florida Statutes (1987), prohibit the devise of homestead property where the decedent is survived by a spouse or minor child....

...The owner of homestead real estate joined by the spouse if married, may alienate the homestead by mortgage, sale or gift and, if married, may by deed transfer the title to an estate by the entirety with the spouse. If the owner or spouse is incompetent, the method of alienation or encumbrance shall be as provided by law. Section 732.4015, Florida Statutes (1987) provides: Devise of homestead....

...Competing with appellee's position that homestead was a justiciable issue for res judicata purposes are the history and nature of homestead and the rights and exemptions inuring thereby to the persons entitled to it under article X, section 4, of the Constitution of Florida, and sections 732.401 and 732.4015, Florida Statutes....

...We do not have that issue before us. [5] Indeed, at the time of the probate of Cavanaugh's estate, appellants maintain that they were of the impression the estate had passed in fee simple to their mother which would have been a proper devise under the constitution and section 732.4015....

...y ultimately passes. Revocable living trusts are widely used will-substitute devices that provide flexibility in managing the settlor's assets during his or her lifetime. In other contexts, revocable trusts are treated similarly to wills. See, e.g., § 732.4015, Fla....

...(b) These exemptions shall inure to the surviving spouse or heirs of the owner. (c) The homestead shall not be subject to devise if the owner is survived by spouse or minor child... . Additional provisions relating to homestead appear in sections 732.401 [1] and 732.4015, [2] Florida Statutes (1977)....

...NESBITT, Judge (specially concurring): I concur in the result and judgment rendered by the majority. The real property in question constituted the homestead of the decedent at the time of his death and, pursuant to Article X, Section 4 of the Florida Constitution and Section 732.4015, Florida Statutes (1977), was not subject to a devise because he was survived by his spouse to whom the real property homestead passed under the law of intestate succession, pursuant to Section 732.401(1), Florida Statutes (1977)....

...Lloyd of Osborne & Hankins, Boca Raton, for respondent. ADKINS, Justice. We are asked to review the decision of the Fourth District Court of Appeal, reported at 383 So.2d 755, which passed on the validity and the compatibility of article X, section 4(c), of the Florida Constitution, and sections 732.4015 and 732.401(1), Florida Statutes (1977), relating to the devise of homestead property....

...the homestead by mortgage, sale or gift and, if married, may by deed transfer the title to an estate by the entirety with the spouse. If the owner or spouse is incompetent, the method of alienation or encumbrance shall be provided by law. Similarly, section 732.4015, Florida Statutes (1977), states: As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or minor child, except that the homestead may be devised to the owner's spouse if there is no minor child....

...f his choosing with a vested fee simple remainder interest, and that neither the statutes nor the constitution should frustrate this expressed intent. Furthermore, petitioner argues that neither the Florida Constitution, article X, section 4(c), nor section 732.4015, Florida Statutes, requires that the devise to the surviving spouse must be in fee simple absolute....

...ion, since the appellee's deceased husband was a natural person who owned and occupied the property at the time of his death. Article X, Section 4(c) provides that the homestead is not subject to devise if the owner is survived by a spouse. Also see § 732.4015, Fla....

...of the owner's death. Section 732.401 provides that the homestead property will descend in the same manner as other intestate property, which means in this case that it will go to the appellee, there being no lineal descendants of the deceased. See § 732.4015....

...sale or gift and, if married, may by deed transfer the title to an estate by the entirety with the spouse. If the owner or spouse is incompetent, the method of alienation or encumbrance shall be as provided by law. Additionally sections 732.401 and 732.4015, Florida Statutes (1987) provide statutory support for the above constitutional provision....

...s in being at the time of the decedent's death. (2) If the decedent was domiciled in Florida and resided on real property that the decedent and the surviving spouse owned as tenants by the entirety, the real property shall not be homestead property. 732.4015 Devise of homestead....

...han permitting that decision to be made by the specific homesteader as to his specific homestead. This is plan, clear and simple enough. [4] The next question is what is the intent of the legislature as to this proposition. By section 732.401(1) and section 732.4015, Florida Statutes, the legislature has clearly answered that question by providing for the homestead to descend to the homesteader's spouse, if any, for life, and to the homesteader's "lineal descendents" rather than to the homestead...

...t court. In the circuit court, Rosalie filed a motion for summary judgment and attached an affidavit in support. One basis for her motion was that the property was homestead and could not be conveyed without her joinder in the deed. §§ 732.401 and 732.4015, Fla....

...in the homestead, with a vested remainder to the lineal descendants in being at the time of the decedent's death per stirpes. (2) Subsection (1) shall not apply to property that the decedent and the surviving spouse owned as tenants by the entirety. Section 732.4015, provides: (1) As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or minor child, except that the homestead may be devised to the owner's spouse if there is no minor child....

...The decedent, Marion Bentley Wall, was the grandmother and guardian of Terry Bentley and had custody of her grandson at the time of her death. Marion Wall specifically provided for Terry in her will. Through a guardian ad litem, Terry filed the petition to claim the benefits of the homestead law. Fla. Stat. § 732.401, § 732.4015; Fla....

...I concur with the majority's conclusion that section 732.401(1), Florida Statutes (1991), does not conflict with article X, section 4(c) of the Florida Constitution. I also agree that section 732.401(1) does not improperly restrain the right to devise homestead property. It is article X, section 4(c) and section 732.4015, which mirrors the constitutional provision, that restrict the right to devise a homestead....

...Section 4(c) protects the surviving spouse and minor children from having the homestead property transferred out from under them by the other spouse (or other parent) without the consent of both spouses. The corresponding statutory provision is section 732.4015, Florida Statutes, entitled “Devise of homestead.” It states: (1) As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or m...

...sed to the surviving spouse as authorized by law and the constitution, and the surviving spouse’s interest is disclaimed, the 4  disclaimed interest shall pass in accordance with chapter 739. § 732.4015, Fla....

...(1) If the owner of homestead property transfers an interest in that property, including a transfer in trust, with or without consideration, to one or more persons during the owner’s lifetime, the transfer is not a devise for purposes of s. 731.201(10) or s. 732.4015, and the interest transferred does not descend as provided in s....

...stion is only pertinent when, unlike this case, the decedent is survived by either a spouse or minor child, in which case, the devise and descent provision forbids the decedent from devising the property to another. See Art. X, § 4(c), Fla. Const.; § 732.4015, Fla.Stat.

...ised to the owner's spouse if there be no minor child." Art. X, § 4(c), Fla. Const. Third, the Florida legislature has made clear its command that this provision shall apply equally to property held by a revocable trust as to testamentary bequests. § 732.4015(2)(a), Fla....

...Smith to waive her homestead rights nor does it demonstrate she knowingly relinquished her homestead *331 interest in the condominium. The evidence instead indicates that Mrs. Smith was unaware that a fee simple interest in the homestead vested in her immediately upon her husband’s death. Art. X, § 4(c), Fla. Const.; § 732.4015, Fla.Stat....

encumbrance shall be as provided by law. Similarly, Section 732.4015, Florida Statutes (1977), states: As provided

...2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Constitutional Reference [No Change] Statutory References § 731.104, Fla. Stat. Verification of documents. § 731.201(29)(31), Fla. Stat. General definitions. § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla....

§ 732,401, Fla. Stat. Descent of homestead. § 732,4015, Fla. Stat. Devise of homestead. § 733.608(2)

...requirement for inventory. 1988 Revision: Editorial changes in (b) and (d). Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 199.062(4) Annual tax information reports. F.S. 732.401 Descent of homestead. F.S. 732.4015 Devise of homestead....

...d 873 (Fla.1954). Rule History 1984 Revision: New rule. 1988 Revision: Editorial change in (a). Subparagraph (b)(4) amended to conform to constitutional change. Committee notes revised. Citation form change in committee notes. Statutory References F.S. 732.4015 Devise of homestead....

...requirement for inventory. 1988 Revision: Editorial changes in (b) and (d). Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 199.062(4) Annual tax information reports. F.S. 732.401 Descent of homestead. F.S. 732.4015 Devise of homestead....

...d 873 (Fla.1954). Rule History 1984 Revision: New rule. 1988 Revision: Editorial change in (a). Subparagraph (b)(4) amended to conform to constitutional change. Committee notes revised. Citation form change in committee notes. Statutory References F.S. 732.4015 Devise of homestead....

...Specifically . . . any rights, title and/or interest that I may have to claim that the aforementioned property is exempt and/or excluded from my wife, Patricia M. Silver’s estate pursuant to Florida Statute §732.401 or Florida Statute §732.4015. 3  On December 30, 2016, Feldman was appointed Personal Representative of the Estate....

...ubdivisions relettered. Editorial changes in (a), (e), and (g). Committee notes revised. Constitutional Reference [No Change] Statutory References § 199.062(4), Fla. Stat. Annual tax information reports. § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla....

...hange] 2010 Revision: Committee notes revised. Constitutional Reference [No Change] Statutory References § 731.104, Fla. Stat. Verification of documents. § 731.201(3133), Fla. Stat. General definitions. § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla....

...ntory by an interested person or in furnishing it by the personal representative. 1984 Revision: Extensive changes. Committee notes revised. Statutory References F.S. 193.052(7) Preparation and filing of returns. F.S. 732.401 Descent of homestead. F.S. 732.4015 Devise of homestead....

...ad therein, dies and leaves either a widow or lineal descendants or both surviving him, the homestead shall not be the subject of devise, but shall descend as otherwise provided in this law for the descent of homesteads. (Emphasis added.) Presently, Section 732.4015, Florida Statutes (1979) reads: As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or minor child, except that the homestead may be devised to the owner’s spouse if there is no minor child....

§ 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. Devise of homestead. § 733.604, Fla

...An interested person may file a petition to determine the protected homestead status of real property owned by the decedent or owned by the trustee of a trust described in section 733.707(3), Florida Statutes, of which the deceased settlor was treated as the owner of the real property pursuant to section 732.4015, Florida Statutes. (b) Contents....

...Committee notes revised. Constitutional Reference [No Change] Statutory References § 731.104, Fla. Stat. Verification of documents. § 731.201(33), Fla. Stat. General definitions. § 732.401, Fla. Stat. Descent of homestead. - 17 -  § 732.4015, Fla....

...and statutes. Those provisions prohibit the devise of homestead if there is a surviving spouse or minor children, with one exception: If there are no minor children, homestead property may be devised to a surviving spouse. Art. X, § 4, Fla. Const.; § 732.4015, Fla.Stat....

...s listed in the inventory of the elective estate. Committee notes revised. Constitutional Reference Art. X, § 4, Fla. Const. Statutory References § 199.062(4), Fla. Stat. Annual tax information reports. § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla....

...tes. Committee notes revised. Constitutional Reference Art. X, § 4, Fla. Const. Statutory References § 731.104, Fla. Stat. Verification of documents. § 731.201(29), Fla. Stat. General definitions. *877 § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla....

...vested fee simple remainder interest, and that neither the statutes nor the constitution should frustrate this expressed intent. Furthermore, petitioner argues that neither the Florida Constitution, article X, section 4(c), nor section 732.4015, Florida Statutes, requires that the devise to the surviving spouse must be in fee simple absolute....

...e estate. Committee notes revised. 2003 Revision: Committee notes revised. Constitutional Reference Art. X, § 4, Fla. Const. Statutory References § 199.062(4), Fla. Stat. Annual tax information reports. § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla....

...2003 Revision: Committee notes revised. Constitutional Reference Art. X, § 4, Fla. Const. Statutory References § 731.104, Fla. Stat. Verification of documents. *1130 § 731.201(29), Fla. Stat. General definitions. § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla....

...Property entering into elective estate. § 732.2045, Fla. Stat. Exclusions and overlapping application. § 732.2055, Fla. Stat. Valuation of the elective estate. § 732.401, Fla. Stat. Descent of homestead. - 11 -  § 732.4015, Fla....

...An interested person may file a petition to determine the protected homestead status of real property owned by the decedent or owned by the trustee of a trust described in section 733.707(3), Florida Statutes, of which the deceased settlor was treated as the owner of the real property pursuant tounder section 732.4015, Florida Statutes. (b) Contents....

... § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.103, Fla. Stat. Share of other heirs. § 732.104, Fla. Stat. Inheritance per stirpes. § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla....

...The decedent, Marion Bentley Wall, was the grandmother and guardian of Terry Bentley and had custody of her grandson at the time of her death. Marion Wall specifically provided for Terry in her will. Through a guardian ad litem, Terry filed the petition to claim the benefits of the homestead law. Fla. Stat. § 732.401 , § 732.4015; Fla....

...; but if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the descendants in being at the time of the decedent’s death per stirpes.”); § 732.4015(1), Fla....

227, 276 (1978). . Art. X, § 4(c) Fla.Const.; § 732.4015, Fla. Stat. (1981), formerly § 731.05, Fla.Stat