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Estate of Potter

District Court of Appeal of Florida
469 So.2d 957 (1985)


Mildred Potter’s will provided that her residence would pass to her daughter, Helen, upon Potter’s death. Potter also had a trust document, which provided that if her residence passed to Helen under the terms of Potter’s will, then Potter’s son, Edwin, should receive an amount equivalent to the value of the residence out of the trust assets. When Potter died, there were not enough assets in Potter’s trust to pay Edwin an amount equivalent to the value of Potter’s residence. Under Florida common law and § 733.805 of the Florida statutes, an estate’s debts, taxes, and devises will be paid first from funds set aside for those purposes in the will, then from assets that are not disposed of under the will, then from assets that are devised to the residuary beneficiaries of the will, then from general devises, and finally from specific devises. The trial court ordered Potter’s residence to be sold and Potter’s estate to be equally divided between Helen and Edwin.

Rule of Law


Holding and Reasoning (Walden, J.)

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