Aronson v. Aronson
Florida District Court of Appeal
81 So. 3d 515 (2012)
- Written by Liz Nakamura, JD
Facts
During his life, Hillard Aronson, decedent, created the Hillard J. Aronson Revocable Trust, into which he conveyed the condominium he owned in Key Biscayne, Florida. At the time of the conveyance, neither Hillard nor his wife, Doreen Aronson (defendant), resided in the condominium. The revocable trust’s terms dictated that, upon Hillard’s death, Doreen would receive a life interest in the trust assets. After Doreen’s death, the trust assets would pass to Hillard’s two sons, James Aronson and Jonathan Aronson (plaintiffs). James and Jonathan were not Doreen’s sons. Hillard was the original trustee of the trust, and James and Jonathan were the successor trustees. Prior to Hillard’s death, Doreen and Hillard moved into the Key Biscayne condominium. Following Hillard’s death, James and Jonathan attempted to sell the condominium pursuant to their general trust powers. Doreen challenged and petitioned for a declaration that the condominium was Hillard’s homestead and, pursuant to the homestead exemption in Florida’s Constitution, was therefore not subject to disposition through the revocable trust because she was Hillard’s surviving spouse.
Rule of Law
Issue
Holding and Reasoning (Shepherd, J.)
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