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McEnderfer v. Keefe - Where a decedent is not survived by a spouse or minor children...

Author johnbsims3
Admin Male

#1 | Posted: 29 Oct 2006 19:29 
McEnderfer v. Keefe, 2006 WL 129320 (Fla. Jan 19, 2006)

In 2005 Juan Artunez wrote in his blog about the Florida Supreme Court's decision in Warburton construing Florida's homestead laws as applicable to otherwise freely devisable homestead property. This was a companion case to the 2005 decision, and the Court merely restates its earlier position.

This Court recently quashed Warburton and answered the certified question in the negative. We therefore answer the certified question in this case in the negative and hold that where a decedent is not survived by a spouse or minor children, the decedent's homestead property passes to the residuary devisees, not the general devisees, unless there is a specific testamentary disposition ordering the property to be sold and the proceeds made a part of the general estate. See McKean v. Warburton, 30 Fla. L. Weekly S613, --- So.2d ----, 2005 WL 2155180 (Fla. Sept. 8, 2005).

Supreme Court of Florida
____________
No. SC05-905
____________
MARY ELLEN MCENDERFER,
Petitioner,
vs.
JOHN C. KEEFE,
Respondent.
[January 19, 2006]
QUINCE, J.
We have for review McEnderfer v. Keefe, 903 So. 2d 234 (Fla. 2d DCA
2005), which certified conflict with Warburton v. McKean, 877 So. 2d 50 (Fla. 4th
DCA 2004), quashed, 30 Fla. L. Weekly S613 (Fla. Sept. 8, 2005), and certified
the following question, which was also certified in Warburton, as one of great
public importance:
WHERE A DECEDENT IS NOT SURVIVED BY A SPOUSE OR ANY
MINOR CHILD, DOES DECEDENT'S HOMESTEAD PROPERTY,
WHEN NOT SPECIFICALLY DEVISED, PASS TO GENERAL
DEVISEES BEFORE RESIDUARY DEVISEES IN ACCORDANCE
WITH SECTION 733.805, FLORIDA STATUTES?
We have jurisdiction. See art. V, 3(b)(4), Fla. Const.
- 2 -
This Court recently quashed Warburton and answered the certified question
in the negative. We therefore answer the certified question in this case in the
negative and hold that where a decedent is not survived by a spouse or minor
children, the decedent's homestead property passes to the residuary devisees, not
the general devisees, unless there is a specific testamentary disposition ordering the
property to be sold and the proceeds made a part of the general estate. See
McKean v. Warburton, 30 Fla. L. Weekly S613 (Fla. Sept. 8, 2005).
Accordingly, the decision in McEnderfer1 is approved in light of this Court's
decision in Warburton.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, CANTERO, and BELL, JJ.,
concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
IF FILED, DETERMINED.
1. Petitioner raised several issues that were either not directly addressed by
the district court in this case or were merely implied or cursory, at best. We
decline to address them in light of the controlling precedent of Warburton.
- 3 -
Application for Review of the Decision of the District Court of Appeal - Certified
Great Public Importance
Second District - Case No. 2D03-5358
(Pinellas County)
Cord Christopher Mellor of Mellor and Grissinger, North Port, Florida
for Petitioner
Thomas G. Tripp, Pinellas Park, Florida
for Respondent
http://www.floridahomesteadservices.com

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