IN RE ESTATE OF MORROW

No. 91-03860.

611 So.2d 80 (1992)

In re ESTATE OF Burtrez J. MORROW, Deceased. Frank W. GODDARD, as Successor Trustee to the Burtrez J. Morrow Trust dated April 2, 1986, Appellant, v. David A. BACON, as Personal Representative of the Estate of Burtrez J. Morrow, Deceased, Appellee.

District Court of Appeal of Florida, Second District.

December 30, 1992.


Attorney(s) appearing for the Case

David A. Lamont of Bacon, Bacon, Johnson & Goddard, P.A., St. Petersburg, for appellant.

Richard M. Georges of Richard M. Georges, P.A., St. Petersburg, for appellee.


ALTENBERND, Judge.

The narrow issue in this case is whether a personal representative may contest the decedent's prior transfer of homestead property into a revocable trust when, at all relevant times, the decedent was a competent adult and had no spouse or minor children. We hold that when there is no family member with standing to raise the homestead issue, the personal representative cannot challenge the transfer on that basis.

On April 2, 1986, Ms. Burtrez...

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