In re Estate of Cole - 2001 Fla. Cir. LEXIS 1400

Rule:

The circuit court determined what constitutes the homestead of the decedent as defined by the Constitution and the laws of the State of Florida. The court finds that all interested persons have been served proper notice of this hearing, or have waived notice thereof; that the material allegations of the petition are true; that the decedent was domiciled in Sarasota County, Florida at the time of her death; that the decedent died testate and her Last Will and Testament was admitted to probate in this court.

Facts:

Decedent Audrey E. Cole died testate, leaving no surviving spouse nor minor children. At the time of her death, decedent was the beneficial owner of an undivided one-half (1/2) interest in a condominium located in Sarasota County, Florida; such interest was subject to devise under the decedent’s Revocable Trust Agreement dated June 3, 1998. Nedra J. Oravec, as personal representative of the decedent’s estate, petitioned for an Order Determining Homestead Status of the decedent.

Issue:

Should the Representative’s petition be granted?

Answer:

Yes.

Conclusion:

The court determined that the material allegations of the petition were true, and that all interested persons have been served proper notice of the hearing, or have waived notice thereof. The court found that the decedent’s ½ interest in the condominium located in Sarasota County, Florida, constituted her homestead as defined by the Constitution and the laws of the State of Florida. According to the court, since the decedent’s interest in the aforementioned property was subjected to devise under the decedent’s Revocable Trust Agreement, the Trustee may distribute the decedent’s ½ interest in the aforementioned homestead real property to herself, individually, or may sell such interest. Moreover, the court found that the homestead real property was not subject to the claims of the creditors.