Feldman v. Schocket
A decedent's will directed the sale of her homestead, but her surviving husband sought a declaration that the property was constitutionally protected homestead. The Third District affirmed summary judgment for the widower, holding that boilerplate homestead waivers contained in two mortgages were limited to facilitating the mortgage and did not waive the constitutional devise restriction, and that a spousal waiver signed after the decedent's death was ineffective because the surviving spouse's interest had already vested and the document did not satisfy chapter 739's exclusive disclaimer requirements.
Key facts
- Decedent's will directed the sale of her homestead property, but the surviving husband claimed the property was constitutionally protected homestead.
- The decedent had executed two mortgages containing boilerplate homestead waiver language, and after her death, the surviving spouse signed a purported waiver document.
- +2 more key facts with a free trial
Why it matters
This opinion gives probate and real property practitioners a clear roadmap on the limits of homestead waivers: boilerplate waiver language embedded in a mortgage will not defeat the constitutional devise restriction… — full analysis with a trial
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