Reid v. Amerifund Equity Group
Three of five intestate heirs had executed Chapter 739 disclaimers of any interest in the decedent's condominium during probate; after a foreclosure sale produced a surplus, the trial court held the disclaimers ineffective because they did not comply with section 45.033(3) and divided the surplus equally among all five siblings (with an assignee taking two shares). The Fourth District reversed, holding that transfers of surplus entitlement from a deceased owner of record to heirs are involuntary transfers by inheritance under section 45.033(2)(b), which are not subject to section 45.033(3)'s conditions, and that valid, irrevocable probate disclaimers eliminate any derivative claim to the surplus.
Key facts
- Three of five intestate heirs of a deceased condominium owner executed valid Chapter 739 disclaimers of their interests during probate; after foreclosure sale of the property, a surplus remained.
- The trial court ruled the disclaimers ineffective because they did not comply with section 45.033(3) and divided the surplus equally among all five heirs and an assignee holding two shares.
- +1 more key fact with a free trial
Why it matters
This decision links Chapter 739 disclaimer law to the section 45.032–45.033 foreclosure surplus scheme, an intersection with little prior authority. Practitioners handling surplus claims — including assignees and… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
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.