Deleana Harrell v. Jean Snyder, Kyla Renee S. Palmiter, et al.

Summary

Harrell v. Snyder holds that under Florida Statutes § 733.608(2), a personal representative may take possession of protected homestead property to preserve it for the heirs, but the statute does not authorize the personal representative to sell such property. The court reasoned that protected homestead is not part of the probate estate, and thus the personal representative lacked legal authority to convey the decedent’s homestead, which had passed to his adult daughters via a residuary clause. The decision reversed the trial court’s validation of the sale to a third party.

Holdings

1. Section 733.608(2), Florida Statutes (2002), authorizes a personal representative to take possession of protected homestead property for the limited purpose of preserving, insuring, and protecting it for the heirs, but does not authorize sale.
2. A personal representative has no legal authority to sell protected homestead property absent a specific testamentary directive in the will ordering sale. Section 733.608(2) does not grant sale power, and protected homestead is not an asset of the probate estate.

Questions Presented

1. Whether a personal representative has legal authority to take possession of protected homestead property.
2. Whether a personal representative has legal authority to sell protected homestead property.

Disposition

affirmed in part and reversed in part