New Florida Homestead Case: Widow can’t assert deceased husband’s homestead rights or attack homestead deed she signed— children trustees sue Mom over her house (October 29, 2014)

Uncategorized • Oct 29, 2014

post about New Florida Homestead Case: Widow can’t assert deceased husband’s homestead rights or attack homestead deed she signed— children trustees sue Mom over her house (October 29, 2014)

If you are involved in probate litigation, a Palm Beach probate, or Florida Homestead, you may want to read this probate appeal which was just handed down by the Florida Appeal court in West Palm Beach. It involves a Broward County deceased spouse, a deed into a QPRT (qualified personal residence trust) and inheritance rights of one’s homestead. This is a Florida homestead litigation case.

Quitclaim Deed of Florida Homestead to Irrevocable Florida Trust

Florida homestead continues to be an almost sub-speciality to Florida probate law, providing much confusion for clients estate lawyers Palm Beach alike
Richard & Norma were married
1993: Richard & Norma quit claim home (Florida Homestead) to Norma
Same day , 1993: Norma signs Florida quitclaim deed transferring Florida Homestead to a Qualified Personal Residence trust

Qualified Personal Residence Trusts (QPRTs)

QPRTs or qualified personal residence trusts are a means or a way to transfer your residence to a trust for certain family members and, if you outlive the initial term of the trust, you may get some estate tax savings
There are a number of downsides to the QPRT including giving up ownership of theFlorida homestead which you place in the QPRT
A QPRT is an irrevocable trust
When Norma “quitclaimed” her Florida homestead to the QPRT, she no longer owned her residence: the trust did, and the trustee was then the legal owner under Florida law
Remember: QPRT’s are a tax savings device or transfer
US estate tax law or US gift tax law, what estate planning attorneys Boca Raton refer to as “transfer taxes”, is different than Florida property law or Florida inheritance rights

Family fights over Florida Homestead

2007: Richard passes away
Norma wanted the Florida homestead to go to one of 5 children, Valerie
2010: Norma signs quitclaim deed seeking to convey the Florida homestead to herself and Valerie
BUT Norma did not own the Homestead —-she gave away the Homestead in 1993 when she quit claimed the homestead to the QPRT
The trustees of the QPRT owned the homestead: Norma’s deed to herself and Valerie was not valid: because Norma did not have anything to quit claim, she didn’t own the Homestead any more, and had not owned it since she gave it away in 1993.
Evidently, the other kids did not like that deed to Norma & Valerie
Enter the homestead litigators
So, the other children sued their mom, Norman, and Valerie and the probate lawyer Broward County who prepared the quitclaim deed of the Florida homestead to the QPRT
July, 2011: trustees of QPRT sue their mom, sisters and the attorney to set aside the 2010 quitclaim deed
Norma tried to argue that her deed to the QPRT was invalid and she lost

Question: Do you want to read the entire October 29, 2014 legal opinion on this Florida Homestead litigation from Palm Beach’s 4th District Court of Appeal?

Answer: Go to this link: http://4dca.org/opinions/Oct%202014/10-29-14/4D13-1793.op.pdf

Question: want to see free Florida probate videos about suing family members in probate litigation in Florida & inheritance lawsuits?

Answer: http://www.youtube.com/watch?v=pbl1woLo2Jc&feature=youtu.be