JOEL W. ROBBINS, AS PROPERTY APPRAISER OF DADE COUNTY, FLORIDA, APPELLANT,
v.
R. EARL WELBAUM AND JOAN M. WELBAUM, TRS., AND LAWRENCE H. FUCHS, AS EXECUTIVE DIRECTOR OF THE STATE OF FLORIDA DEPARTMENT OF REVENUE, APPELLEES

Fla. 3d DCA | 1995-12-13
No. 95-1730
Before COPE, GERSTEN and GODERICH, JJ.
664 So. 2d 1 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 6 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida District Court of Appeal held that homeowners who transfer their primary residence into a qualified personal residence trust (QPRT) remain entitled to a homestead tax exemption because they retain beneficial title and the property remains their permanent residence. This case of first impression clarifies that the beneficial title requirement for homestead exemption under Florida law is satisfied by a QPRT arrangement.


Holding

The court held that individuals holding beneficial title to their permanent residence under a QPRT arrangement are entitled to homestead exemption. Because the QPRT creates a jointure or settlement within the meaning of Florida Statutes § 196.041, the Welbaums held beneficial title for homestead purposes and therefore qualified for the exemption.


Headnotes

[1] Individuals holding beneficial title to a residence, including those whose occupancy is limited by a jointure or settlement, may qualify for homestead exemption from ad v…

[2] A qualified personal residence trust (QPRT) can create a jointure or settlement for the purposes of Florida homestead exemption statutes.

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Key Quotes

“For homestead exemption purposes only, individuals holding beneficial title includes residents whose stay on the property is limited by jointure or settlement.”

Establishes that Florida law expressly includes QPRT arrangements within the definition of beneficial title for homestead purposes.

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Facts & Procedural History

On December 1, 1992, R. Earl and Joan Welbaum executed a QPRT, transferring their residence to an irrevocable inter vivos trust while retaining a pres…

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Opinion of the Court
GERSTEN, Judge.

GERSTEN, Judge.

Appellant Joel W. Robbins, Dade County Property Appraiser, (“Property Appraiser”) appeals a summary judgment in favor of appellees R. Earl Welbaum and Joan Wel-baum (“the Welbaums”), which allows the Welbaums to claim a homestead exemption on their residence held in a qualified personal residence trust (“QPRT”). Recognizing this as a case of first impression in Florida, we affirm.

On December 1, 1992, the Welbaums executed a QPRT, transferring their residence to an irrevocable inter vivos trust. A QPRT is part of the federal income tax code which allows homeowners to transfer property to their children while avoiding future estate taxes. See I.R.C. § 2702; Peter A. Borrok, Four Estate Planning Devices to Get Excited About, N.Y.St.B.J., Jan. 1995, at 32; David C. Humphreys, Jr., Qualified Personal Residence Trusts: “Have Your Grits and Eat Them, Too!”, S.C.Law., Nov. —Dec. 1994, at 45.

Under the language of the QPRT, the Welbaums relinquished “absolutely and forever all of his or her possession or enjoyment of or right to the principal and income from the trust estate.” Both of the Welbaums have a present possessory right to live on the residential property until the earlier of either ten years1 from the QPRT’s creation date or his or her spouse’s death.

As trustees of the QPRT, the Welbaums applied for a homestead exemption from ad valorem taxes for 1993. The Property Appraiser denied the application because the Welbaums did not hold a life estate in the property. The Welbaums petitioned the Dade County Value Adjustment Board, contesting the Property Appraiser’s decision, and the board granted the exemption. The Property Appraiser then filed a circuit court action challenging the board’s decision. The Welbaums moved for summary judgment, which the trial court granted.

The Property Appraiser contends that the Welbaums do not qualify for homestead exemption because their use of the residence is limited by the QPRT. According to the Property Appraiser, the house cannot constitute the Welbaum’s permanent residence, as the Welbaums have the present intent of moving within ten year’s time. The Wel-baums assert they are entitled to homestead exemption because they indisputably hold equitable title in the home, which is their permanent residence.

Section 196.031, Florida Statutes (Supp. 1994), allows individuals to claim a home exempt from ad valorem taxation if they hold legal or beneficial title to that home and, in good faith, make it their permanent residence. For homestead exemption purposes only, individuals holding beneficial title includes residents whose stay on the property is limited by jointure or settlement. § 196.041, Fla.Stat. (1993).

Here, both parties agree the QPRT is valid under I.R.C. § 2702 and creates a jointure or settlement under the meaning of § 196.041 of the Florida Statutes. As such, the Welbaums hold beneficial title to their residence for homestead purposes, and because they have, in good faith, made it their permanent residence, they are entitled to homestead exemption.

The Property Appraiser argues that there should be a minimum time period during which a claimant must hold an interest in property before being deemed to hold beneficial title to the property for homestead exemption purposes. Neither the statute nor the constitution places such a time limit on beneficial title, and we decline to do so as well. It is enough that the Welbaums held beneficial title, under the definition of § 196.041, during the year in which they claim the exemption.

Accordingly, we hold that in circumstances such as these, individuals placing their permanent residence in a QPRT are entitled to homestead exemption.

Affirmed.

. According to the trust agreement, Joan Wel-baum has a fifteen-year present possessory right in the home, while her husband has a ten-year present possessory right. For the purposes of this opinion, however, the time frame during which both parties may reside in the home will be referenced by the more limited ten-year provision.


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Citator

Cited By

  • Stone v. Stone, 157 So. 3d 295 (Fla. 4th DCA 2014)
    …the QPRT may not sell or transfer the residence back to the settlor. Id. at 72-73. The use of a QPRT allows a homeowner to transfer property to his children while gaining significant estate, gift, and income tax advantages. See Robbins v. Welbaum, 664 So. 2d 1, 1 (Fla. 3d DCA 1995) (citing I.R.C. § 2702; Peter A. Borrok, Four Estate Planning Devices to Get Excited About, N.Y.St.B.J., Jan. 1995, at 32; David C. Humphreys, Jr., Qualified Personal Residence Trusts: “Have Your Grits and Eat Them, Too!,” S.C.…
    1 / 2
  • Hale v. Dep't of Revenue, 808 So. 2d 237 (Fla. 1st DCA 2002)
    …t or principal place” of residency, it could have plainly done so as it did in (7)(c)(providing a three-month residency requirement to more than half of the total rental units available). There is no such requirement in 7(a). See Robbins v. Welbaum, 664 So. 2d 1, 2 (Fla. 3d DCA 1995)(rejecting argument for a minimum time period requirement for a claimant to hold an interest in property before being deemed to hold beneficial title for homestead exemption purposes; the court stated that neither the statute no…
  • Nolte v. White, 784 So. 2d 493 (Fla. 4th DCA 2001)
    …f Florida Department of Revenue appealed, arguing that Mrs. White does not have sufficient equitable title to claim homestead exemption because she does not hold a life estate in the property. We affirm, adopting the rationale in Robbins v. Welbaum, 664 So. 2d 1 (Fla. 3d DCA 1995) (taxpayers were entitled to homestead exemption even though the qualified personal residence trust limited taxpayers’ use of their residence to earlier of ten years from trust’s creation or one of taxpayer’s death). FARMER, TAYL…

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