Both shares of a Florida home devised to two heirs are entitled to homestead protection from creditors, even though one of the devisees occupies a lower class under the state intestacy statute as a non-lineal descendant of the testator. Traeger v. Credit First National Association (Fla. Dist. Ct. App., 5th, No. 5D03-1759, Jan. 9, 2004).
In her will, Rosemary Traeger devised her home in equal shares to Carl Traeger, her deceased husband's adult son, and to Suzanne Cairo, her adult natural daughter. Mr. Traeger and Ms. Cairo, as co-personal representatives of the estate, petitioned the probate court to confirm their belief that the home was an exempt homestead under Florida law that descended to them both sheltered from the demands of creditors. The court ruled that only Ms. Cairo's share of the home is entitled to homestead status because she is a lineal descendant of Mrs. Traeger and thus occupies a higher class than Mr. Traeger under the intestacy statute. Mr. Traeger's share, the court concluded, was not entitled to homestead protection. Mr. Traeger appealed.
The District Court of Appeal of Florida, Fifth District, reverses. The court rules that Mr. Traeger's inclusion in a lower class of persons for intestacy purposes is irrelevant, citing the Florida Supreme Court ruling in Snyder v. Davis, 699 So.2d 999, 1002 (Fla. 1997) in which the court held that "the protections against creditors found in the homestead provision may be devised by will" and that a broad definition of "heirs" was appropriate. Snyder, 699 So.2d at 1003-04, 1005.
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