McKean v. Warburton

Summary

The Florida Supreme Court held that, when a decedent is not survived by a spouse or minor children, protected homestead property that is not specifically devised passes under the residuary clause rather than to general devisees. The court further held that the homestead proceeds may be used to satisfy general devises only when the will specifically directs that the homestead be sold and the proceeds become part of the general estate. The court quashed the Fourth District Court of Appeal’s decision and remanded the case.

Holdings

1. When a decedent is not survived by a spouse or minor children, protected homestead property that is not specifically devised passes under the residuary clause to the residuary devisees rather than to general devisees.
2. Protected homestead proceeds may be applied to general devises when the will specifically directs that the homestead be sold and that the proceeds be made part of the general estate.

Questions Presented

1. When a decedent dies without a surviving spouse or minor children and does not specifically devise protected homestead property, does the homestead pass to general devisees before residuary devisees under section 733.805, Florida Statutes?
2. Does protected homestead property become a general estate asset available to satisfy a general cash devise merely because it was sold, absent a testamentary direction that the property be sold and its proceeds made part of the general estate?

Disposition

quashed