Joel Schiro and Tammy Schiro v. Kim L. Elliott, as personal representative of the Estate of Sally A. Napuunoa, deceased

Summary

The Florida Second District Court of Appeal affirmed a probate court order determining that property titled in a revocable trust retained its protected homestead status. The court held that the homestead protection passed to the decedent's three adult children upon her death and prevented the property from being sold to satisfy claims of the decedent's creditors.

Holdings

1. The residence was part of the Sally A. Napuunoa Trust, not the probate estate, because title was held in the name of the Trust.
2. Property held in a revocable trust may constitute the protected homestead of the trust settlor when the settlor retains an ownership interest through the right to revoke the trust.
3. Upon Napuunoa's death, the homestead protection passed to her heirs, including her three adult children, and was not limited to a surviving spouse or minor children.
4. The property could not be sold to satisfy the claims of the Estate's creditors because the heirs' homestead protection attached at Napuunoa's death and the Trust did not specifically direct that the freely devisable homestead be sold.

Questions Presented

1. Whether the residence was property of the Sally A. Napuunoa Trust rather than property of Napuunoa's probate estate.
2. Whether property titled in a revocable trust may qualify as the decedent's protected homestead under the Florida Constitution.
3. Whether the homestead protection passed at the decedent's death to her adult children and prevented sale of the property to satisfy claims of estate creditors.
4. Whether the decedent's will required the property to be sold to pay estate debts.

Disposition

affirmed