Daily Archives: October 4, 2011

Condominium held by decedent’s revocable trust with widow as life beneficiary was protected homestead property free from forced sale. ( Probate, Will, Trust, Decedent, Real Estate, Attorney, Lawyer, Cape Coral, Fort Myers, Bonita, Lee, Collier, Florida )

Aronson v. Aronson, 35 Fla. L. Weekly D2404 (2010)

Widow as a life beneficiary of the revocable trust which held the condominium property as sole asset received homestead protection. Decedent/grantor’s constitutional homestead exemption for what was formerly the marital residence inured to surviving spouse.  Decedent’s sons, remainder beneficiaries of the trust, became successor trustees at his death and attempted to kick decedent’s widow out of marital residence which was clearly against the intent of the trust.

Case Impression:    Settlors should avoid successor trustees with conflicting interests to present beneficiaries.

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October 2011
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