J. Scott Lanford, Trustee of the Kirk Family Foundation, v. Robin Phemister, Personal Representative of the Estate of Mary L. Dillard and as Trustee of the Testamentary Trust of Mary L. Dillard

Summary

In Lanford v. Phemister, the Florida Fifth District Court of Appeal held that Florida’s constitutional homestead protections prohibit using proceeds from the sale of a decedent’s protected homestead to pay personal representative fees and estate administration expenses, because the homestead passes outside the probate estate. However, the court affirmed that trustee fees and costs incurred in administering a testamentary trust that holds the homestead proceeds may be reimbursed from those proceeds under Florida trust law. The court also declined to disturb the reasonableness determination due to the absence of a hearing transcript, applying the Applegate rule.

Holdings

1. The probate court erred in allowing reimbursement of Phemister's personal representative fees and costs from the homestead sale proceeds because Florida's constitutional homestead provisions forbid it.
2. The trial court correctly allowed reimbursement of Phemister's fees and costs as testamentary trustee from the homestead sale proceeds.
3. The court will not disturb the probate court's determination that fees and costs were reasonable and incurred for the testamentary trust's benefit because there are no transcripts of the evidentiary hearing.

Questions Presented

1. Whether the probate court erred in authorizing reimbursement of personal representative fees and costs from homestead sale proceeds.
2. Whether the probate court correctly allowed reimbursement of trustee fees and costs from homestead sale proceeds.
3. Whether the fees and costs awarded were reasonable.

Disposition

affirmed in part; reversed in part