Reid v. Amerifund Equity Group
After a foreclosure of a deceased intestate owner's condominium generated a $69,807.98 surplus, the trial court divided the surplus equally among the decedent's five siblings, holding that three siblings' probate disclaimers were ineffective because they did not comply with section 45.033(3). The Fourth District reversed, holding that section 45.033(3) applies only to voluntary transfers or assignments, while transfers by inheritance are involuntary under section 45.033(2)(b) and are governed by the ordinary laws of inheritance, including the Chapter 739 disclaimer statutes. Because the disclaimers satisfied section 739.104(3) and were irrevocable, the surplus must go only to the two non-disclaiming heirs.
Key facts
- After a condominium foreclosure generated a $69,807.98 surplus, the trial court divided it equally among five siblings of the deceased intestate owner, finding three siblings' probate disclaimers ineffective under section 45.033(3).
- Three of the five siblings had filed disclaimers under Chapter 739 that complied with section 739.104(3) requirements, including written form, witness acknowledgment, and filing in the probate proceeding.
- +2 more key facts with a free trial
Why it matters
This decision fills a gap at the intersection of Chapter 45 surplus-distribution procedure and Chapter 739 disclaimers, clarifying that probate disclaimers filed outside the foreclosure case still defeat a surplus claim… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.