In re Estate of Finch

401 So. 2d 1308 (Fla. 1981)

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In re Estate of Finch

Florida Supreme Court
401 So. 2d 1308 (Fla. 1981)

  • Written by Tammy Boggs, JD

Facts

In his will, John Finch devised his condominium to his wife, Madeline Finch (plaintiff), for life with the remainder interest to his daughter Judy Finch (defendant). John had another daughter as well. After John died, Madeline petitioned to set aside the devise, alleging that the condominium was homestead real estate, that John was survived by a spouse and adult children, and that the property should descend as provided by the statutes regarding intestate succession. The probate court granted Madeline’s petition, and Judy and her half-sister appealed. The intermediate appellate court affirmed, and the Florida Supreme Court reviewed the matter.

Rule of Law

Issue

Holding and Reasoning (Adkins, J.)

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Casebooks

Wills, Trusts, and Estates

Key Terms

  • Fee SimpleThe strongest form of property ownership in which the owner holds both the present interest of possession and the future interest in disposition.
  • Life EstateAn interest in real property that is held only for the life of the holder, in which the holder possesses no future interest beyond her lifetime. Although a life estate is transferrable, the interest remains limited to the lifetime of the original holder of the life estate, and the future interest passes to the remainderman at the life estate holder’s death.
  • DeviseThe giving of property—usually real property—by will.
  • Remainder InterestA legal right to future use or ownership of property that is intended to accrue to someone other than the grantor of the interest and which may be a vested interest or a contingent interest.
  • HomesteadAn estate in real property conveying the rights to use and occupy buildings for residential purposes exempt from claims of creditors.
  • Intestate SuccessionDistribution of the estate of a person who dies without a will to his or her heirs as determined by state intestacy laws.

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