HUBERT v. HUBERT

No. 92-2679.

622 So.2d 1049 (1993)

Donald L. HUBERT, Appellant, v. Richard E. HUBERT, Sr., Anna Brodeur, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied September 14, 1993.


Attorney(s) appearing for the Case

Robert Jackson of Law Offices of Robert Jackson, P.A., Vero Beach, and J. James Abelson, Sebastian, for appellant.

Jerome T. Linnen, Jr. of Willis & Linnen Co., L.P.A., Akron, Ohio, and Amy D. Shield of Amy D. Shield, P.A., Boca Raton, for appellees.


KLEIN, Judge.

Donald L. Hubert appeals an order declaring that his remainder interest in his deceased father's homestead property was not exempt from estate creditors, because it was subject to the life estate of a non-heir. We reverse.

Decedent owned and resided on a homestead, and at the time of his death was survived by two sons, Donald (appellant) and Richard (appellee), but no surviving spouse. Decedent's will devised Donald all of his estate, including...

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