Florida Court Rules in Favor of Widow on Homestead Issue
The Florida Court of Appeal for the Third District issued an opinion in October 2010 about a marital trust issue. A husband and wife devised a trust that "wholly" owned a condominium which was also their homestead.
The husband passd away and the terms of the trust stated that the Trustee shall pay wife (widow and now life benficiary) whatever she reasonably needs for maintenance and support out of the trust, including principal payments.
The wife was paying insurance and taxes individually because she thought she had an interest in the property as a result of a quitclaim deed. The married couple's children were remainder beneficiaries of the trust. In addition, the wife had the discretion to use the same trust property for income generating purposes.
The wife sought reimbursement from the trust for the expenses she incurred in maintaining the condominium and opposed actions taken by the Trustee in trying to sell the condo. The court agreed with the wife and ordered she be reimbursed by the trust for expenses incurred and that she is allowed to keep the condominimum.
If you have any questions about trusts or estate plans, contact Wood, Atter & Wolf, P.A., a Jacksonville, Florida law firm.
