MOSS v. ESTATE OF MOSS

No. 4D00-1856.

777 So.2d 1110 (2001)

Angela MOSS, Personal Representative of the Estate of Herbert M. Moss, Deceased, and Marilyn Moss Hendershot, Appellants, v. ESTATE OF Elsa MOSS, Deceased, Marian Chinich, Personal Representative; Marian Chinich; Anne McGuire; John Stephen Rothenberg: All Professional Homecare, Inc.; Bacon Radiology Group; Bacon Raton Ambulate; Bacon Raton Community Hospital, Inc.; Endocrine & Diabetes Associates, Inc.; and English, Marching & O'Bryan, Appellees.

District Court of Appeal of Florida, Fourth District.

January 31, 2001.


Attorney(s) appearing for the Case

David A. Riggs of Hunt, Cook, Riggs, Myrhh & Miller, P.A., Bacon Raton, for appellants.

No appearance for appellees.


SHAHOOD, J.

We reverse the Order Determining Status of Real Property entered by the trial court. In this case, the court erred in finding that the property in question was validly devised as homestead property to decedent's intestate heirs, but not to the heirs of the predeceased spouse of the decedent.

Elsa Moss (decedent) died testate in Palm Beach County, Florida on May 25, 1999. She left no surviving spouse or minor children. The relevant paragraphs in...

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