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.
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