STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
BESSIE TRAMMELL, PERSONAL REPRESENTATIVE OF THE ESTATE OF LEE WARREN, DECEASED, APPELLEE

Fla. 1st DCA | 1987-05-12
No. BQ-314
MILLS and WIGGINTON, JJ., concur.
508 So. 2d 422 Florida District Court of Appeal, First District (1987) Positive Treatment
Cited by 12 cases

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Synopsis

HRS sought to recover nursing home and medical expenses from a decedent's estate by filing a lien against homestead property. The court reversed the circuit court's decision that a testamentary heir (non-blood relative) is entitled to homestead protection, holding that only statutory heirs under Florida's intestacy laws qualify for such protection.


Holding

A non-heir testamentary beneficiary is not entitled to homestead protection. Only those persons entitled to inherit under Florida's intestate succession statutes qualify as "heirs" within the meaning of the homestead exemption provisions of the Florida Constitution.


Headnotes

[1] Homestead protection under the Florida Constitution is limited to surviving spouses or heirs as defined by Florida law.

[2] Heirs, for purposes of Florida's homestead provisions, are those persons entitled under the statutes of intestate succession to the property of a decedent.

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Key Quotes

“heirs" as used in Section 2 of Article X of the Florida Constitution of 1885, containing language very similar to the current provision, to mean "those who may under the laws of the state inherit from the owner of the homestead.”

Establishes the legal definition of heirs for homestead purposes based on intestate succession law, not testamentary designation

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Facts & Procedural History

Lee Warren died intestate on January 11, 1985, devising his entire estate (a house worth approximately $9,000) to his "good friend" Bessie Trammell. H…

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Opinion of the Court
ERVIN, Judge.

ERVIN, Judge.

The Department of Health and Rehabilitative Services (HRS) appeals an order of the circuit court holding that a non-heir of a decedent was entitled to homestead protection under the Florida Constitution. We reverse.

Lee Warren, unmarried and apparently without any other surviving heirs, died January 11, 1985, devising his entire estate to his “good friend,” Bessie Trammell. The only asset in the estate is a house and lot valued at approximately $9,000. Pursuant to Section 409.345(1), Florida Statutes,1 HRS filed a lien against the estate in the amount of $14,440.67, covering the amounts expended on behalf of the decedent for his care at a nursing home, direct assistance and medical services. Section 409.345(4), however, consistent with the provisions of Article X, Section 4(a) and (b) of the Florida Constitution (1968), as amended in 1984,2 forbids such liens against homestead property.3

HRS filed a petition for declaratory judgment to determine whether Bessie Trammel was an heir entitled to homestead protection under the Florida Constitution. The circuit court ruled that she was so entitled, stating that Bessie Trammell “is a testamentary heir of Lee Warren and as such is entitled to homestead protection based on Article X, Section 4, of the Florida Constitution as amended.” (e.s.) We find no legal support for this conclusion.

The Florida Supreme Court, while never interpreting the word “heirs”, as used in Article X, Section 4, Florida Constitution, since its most recent amendment, has interpreted the word as used in Section 2 of Article X of the Florida Constitution of 1885, containing language very similar to the current provision, to mean “those who may under the laws of the state inherit from the owner of the homestead.” Shone v. Bellmore, 75 Fla. 515, 78 So. 605, 607 (Fla.1918). Heirs are defined in Section 731.201(18), Florida Statutes, as “those persons, including the surviving spouse who are entitled under the statutes of intestate succession to the property of a decedent.” Among the heirs listed in Section 732.103, Florida Statutes, are lineal decedents, fathers and mothers, brothers and sisters, and grandmothers and grandfathers. Bessie Trammell, who was decedent’s “good friend”, is not recognized as an heir under Florida law, and is therefore not entitled to the protection of the constitutional homestead provisions that exempt the decedent’s property from forced sale.

REVERSED.

MILLS and WIGGINTON, JJ., concur. . Section 409.345(1), provides in pertinent part:

The acceptance of public assistance shall create a debt of the person accepting assistance, which debt shall be enforceable only after the death of the recipient. The debt thereby created shall be enforceable only by claim filed against the estate of the recipient after his death or by suit to set aside a fraudulent conveyance, as defined in subsection (3).

. Those provisions generally state that homestead property is exempt from forced sale and that the exemption shall inure to the benefit of the surviving spouse or heirs of the owner. Article X, Section 4(c) additionally precludes the devise of homestead property if the owner is survived by a spouse or minor child.

.Section 409.345(4) provides in pertinent part: "The claim herein created shall not in any manner be enforceable against a homestead of realty or personalty as defined and provided for in s. 4, Art. X of the State Constitution or against household furnishings and furniture.”


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • Snyder v. Davis, 699 So. 2d 999 (Fla. 1997)
    …re, 75 Fla. 515, 522, 78 So. 605, 607 (1918), we stated: In this connection the word “heirs” means those who may under the laws of the State inherit from the owner of the homestead. Accord State Dep’t of Health & Rehabilitative Servs. v. Trammell, 508 So. 2d 422 (Fla. 1st DCA 1987). It is well established that heirs are determined after death, depending on who survives the testator. Williams v. Williams, 149 Fla. 454, 6 So. 2d 275 (1942); Pitts v. Pitts, 120 Fla. 363, 162 So. 708 (1935); Stone v. Citizens’…
    1 / 3
  • Bartelt v. Bartelt, 579 So. 2d 282 (Fla. 3d DCA 1991)
    …es, § 11.2 (1988) (“The word ‘heirs’ does not always refer to the intestacy statutes. In Roman law, ‘heres’ meant either a person designated by will or someone who took upon intestacy.”); cf. Department of Health & Rehabilitative Servs. v. Trammell, 508 So. 2d 422 (Fla. 1st DCA 1987) (because decedent’s “good friend” not recognized as an heir under § 732.103, homestead property devised to that “good friend” was not exempt from forced sale by decedent’s creditors). In this case, the devisee was the son and nat…
  • Stanley v. State, 626 So. 2d 1004 (Fla. 2d DCA 1993)
    …ove the amount of damage. Stanley, however, failed to preserve this issue because he never moved for a judgment of acquittal or filed a motion for new trial raising the sufficiency of the evidence on the criminal mischief count. See E.J.K. v. State, 508 So. 2d 422 (Fla. 2d DCA 1987). He argues on appeal, relying on the ease of Nelson v. State, 543 So. 2d 1308 (Fla. 2d DCA 1989), that it was fundamental error because he stands convicted of a crime that never occurred. This case is distinguishable from Nelson.…

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