City Nat. Bank of Florida v. Tescher
578 So. 2d 701, 1991 Fla. LEXIS 680, 16 Fla. L. Weekly Supp. 271 (1991)
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Rule of Law:
When a decedent is survived by no minor children, a surviving spouse's valid waiver of homestead rights in an antenuptial agreement is treated as the legal equivalent of the spouse predeceasing the decedent, thereby removing the constitutional restriction on the devise of homestead property.
Facts:
- Prior to their marriage, Elena Santiero-Soublette and her husband, Luis Soublette, executed an antenuptial agreement.
- In the agreement, Luis Soublette renounced all rights to Elena Santiero-Soublette's estate, specifically including his homestead rights.
- Elena Santiero-Soublette owned the home where she and Luis Soublette lived during their marriage.
- Upon her death, Elena Santiero-Soublette was survived by her husband Luis Soublette, two adult children, and four adult grandchildren.
- The decedent had no surviving minor children.
- The decedent's will did not specifically devise the homestead property, leaving it to be disposed of through the will's residuary clause.
Procedural Posture:
- The co-personal representatives of Elena Santiero-Soublette's estate petitioned the Dade County Circuit Court (trial court) and received an order authorizing the sale of the decedent's home.
- The decedent's daughter, Elda Santiero-Martinez, moved to set aside the order of sale.
- The personal representatives then filed a Petition to Determine Homestead status, which the trial court heard.
- The trial court ruled the property was homestead but was subject to devise because the husband's waiver was legally equivalent to him predeceasing the decedent, and there were no minor children.
- City National Bank and Elda Santiero-Martinez (appellants) appealed the trial court's decision to the Florida Third District Court of Appeal.
- The Third District Court of Appeal affirmed the trial court's ruling.
- City National Bank (petitioner) sought review from the Florida Supreme Court.
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Issue:
Does the Florida Constitution's restriction on devising homestead property apply when a decedent is survived by a spouse who has validly waived their homestead rights in an antenuptial agreement and is not survived by any minor children?
Opinions:
Majority - Per Curiam
No, the Florida Constitution's restriction on devising homestead property does not apply in this situation. When a decedent is survived by no minor children and the surviving spouse has validly waived homestead rights, there is no constitutional restriction on devising the homestead property. The court reasoned that the purpose of the homestead devise restriction in Article X, section 4(c) is to protect only two classes: surviving spouses and minor children. Adult children are not protected by this provision. The court further reasoned that a valid antenuptial waiver of homestead rights is the 'legal equivalent of predeceasing the decedent' for the purposes of this constitutional provision. Because the decedent was not survived by minor children and, legally, was not survived by a spouse entitled to homestead protection, the constitutional restraint on devise did not apply, and she was free to devise the property through her will.
Analysis:
This decision clarifies the interaction between Florida's constitutional homestead protections, antenuptial agreements, and testamentary freedom. It firmly establishes that homestead rights, while constitutionally protected, can be validly waived by a spouse in a pre-marital agreement. The ruling strengthens the legal force of such agreements and prioritizes the property owner's right to devise their property over the interests of adult heirs when the specific protections for spouses and minor children are no longer applicable. This precedent provides certainty for estate planning, allowing individuals to rely on antenuptial agreements to control the disposition of their homestead property at death, provided no minor children are involved.
