ENGELKE v. ESTATE OF ENGELKE

No. 4D04-2454.

921 So.2d 693 (2006)

Michael ENGELKE, Appellant, v. ESTATE OF Paul ENGELKE, Appellee.

District Court of Appeal of Florida, Fourth District.

February 8, 2006.


Attorney(s) appearing for the Case

Shelley H. Leinicke of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellant.

James R. George of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellee.


WARNER, J.

A trustee of a decedent's inter vivos revocable trust appeals an order of the probate court requiring the trust, of which the primary asset is a one-half interest in decedent's residence, to pay expenses not covered by estate assets, based upon the provisions of the trust instrument. The trustee claims that the residence is covered by Florida's constitutional homestead protections and cannot be used to pay the debts of the estate. Because the decedent retained...

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