Richard Alan Samad v. Stella Pla and Raymond Albert Pla, Jr.

Summary

The Second District Court of Appeal held that Florida Probate Rule 5.042(b) cannot extend the six‑month statutory deadline under section 732.401(2) for a surviving spouse to elect an undivided one‑half interest in homestead property, because the rule applies only to deadlines set by probate rules or court orders, not by statute. The statute itself provides the exclusive extension mechanism—a petition by an attorney in fact or guardian filed within the six‑month period—and the trial court erred in granting an extension based on excusable neglect after that period had expired.

Holdings

1. Florida Probate Rule 5.042(b) does not apply to extend the time prescribed in section 732.401(2). The time limit in section 732.401(2)(b) may not be extended except upon a petition by an attorney in fact or guardian of the property, and even that petition must be filed within six months.

Questions Presented

1. Whether Florida Probate Rule 5.042(b) can be used to extend the six-month deadline imposed by section 732.401(2), Florida Statutes, for a surviving spouse to elect an undivided one-half interest in homestead property.

Disposition

reversed