In re Hamrick's Estate

Summary

The court held that a 1969 deed transferring homestead property into an estate by the entirety between P. L. Hamrick and his second wife was valid under Article X, section 4(c) of the revised Florida Constitution. Upon P. L. Hamrick’s death, title passed by survivorship to Annis E. Hamrick and was not part of his probate estate. His children therefore had no title or interest in the property.

Holdings

1. Under article X, section 4(c) of the Florida Constitution as revised in 1968, an owner of homestead real estate joined by the spouse may transfer title by deed to an estate by the entirety with the spouse. The July 29, 1969 deed was therefore valid and created an estate by the entirety.
2. Because the deed created an estate by the entirety, title passed to Annis E. Hamrick as the surviving spouse by right of survivorship. The property was not homestead property for purposes of descent and distribution, was not part of P. L. Hamrick's probate estate, and the children had no right, title, or interest in it.

Questions Presented

1. Whether a married owner of Florida homestead property could, after the 1968 revision of the Florida Constitution, convey the property by deed to himself and his spouse as an estate by the entirety.
2. Whether the property passed to the surviving spouse by right of survivorship and therefore was excluded from the decedent's probate estate.
3. Whether the decedent's children retained any title or remainder interest in the property.

Disposition

other