Lorenzo v. Medina
2010 Fla. App. LEXIS 17164, 2010 WL 4483470, 47 So.3d 927 (2010)
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Rule of Law:
Florida's anti-lapse statute, which saves a testamentary gift for the descendants of a predeceased devisee, applies only when the predeceased devisee is a descendant of the testator's grandparents. The statute does not apply to a substitute devisee who is not a descendant of the testator's grandparents, such as an in-law.
Facts:
- Cecilia Lorenzo ('the Testator') executed a will leaving her entire estate to her brother, Jose R. Medina, and her brother-in-law, Jesus Lorenzo, in equal shares.
- The will stipulated that if either devisee predeceased the Testator, their share would pass to their respective surviving spouse, Juana R. Medina or Maria Lorenzo.
- The Testator's brother, Jose R. Medina, predeceased her.
- Jose's wife and the designated substitute devisee, Juana R. Medina, also predeceased the Testator.
- The Testator passed away on October 20, 2008.
- The Testator's brother-in-law, Jesus Lorenzo, survived her.
- Jose and Juana R. Medina were survived by their children, Isabel Medina and Jose Antonio Medina ('the niece and nephew').
Procedural Posture:
- In 2009, the Testator’s will was admitted to probate.
- The brother-in-law, Jesus Lorenzo, filed a petition in the trial court for construction of the Testator’s will.
- The trial court ruled in favor of the niece and nephew, finding them entitled to a fifty percent share of the estate.
- Jesus Lorenzo, as appellant, appealed the trial court's order to the Florida Third District Court of Appeal; the niece and nephew were the appellees.
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Issue:
Does Florida's anti-lapse statute, section 732.603(1), create a substitute gift for the descendants of a predeceased substitute devisee when that substitute devisee is not a descendant of the testator's grandparents?
Opinions:
Majority - Rothenberg, J.
No. Florida's anti-lapse statute does not create a substitute gift for the descendants of a predeceased substitute devisee if that substitute devisee is not a descendant of the testator's grandparents. The court reasoned that under common law, a gift to a person who predeceases the testator lapses. Florida's anti-lapse statute, § 732.603(1), creates a narrow exception to this rule, but because it is in derogation of common law, it must be strictly construed. The statute only 'saves' a gift for the descendants of a devisee who was a descendant of the testator's grandparents. In this case, the primary devisee, Jose, predeceased the testator, making his wife, Juana, the substitute devisee. Because Juana also predeceased the testator, the court must analyze her status. As Juana was the testator's sister-in-law and not a descendant of the testator's grandparents, the anti-lapse statute cannot be invoked to save the gift for her children. Therefore, the bequest lapsed.
Analysis:
This decision strictly construes Florida's anti-lapse statute, clarifying its limited application. It establishes that when a will creates a chain of beneficiaries, the statute's applicability is determined by the status of the final named beneficiary who predeceases the testator. The ruling underscores that the protective scope of the statute is confined to a specific class of blood relatives, excluding in-laws. This precedent highlights the critical need for precise will drafting, as testators cannot rely on the statute to pass a gift to the children of a non-blood relative substitute beneficiary unless explicitly stated in the will.
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