Reno v. Hurchalla
Janet Reno's revocable trust directed that, if her brothers predeceased her and the homestead was still trust-owned, the property be sold and proceeds distributed to nieces and nephews (Article V.D.), but a separate article devoted to the homestead (Article VI.C.) directed the trustee, upon the settlor's death, to gift it to the University of Miami on preservation conditions. After UM declined the conditioned gift, the successor trustee obtained an order under the cy pres statute, section 736.0413, substituting Miami Dade College. The Third District affirmed, holding Article VI controlled the disposition of the homestead and that a charitable donee's declination renders the original gift 'impossible to achieve' for cy pres purposes.
Key facts
- Janet Reno created a revocable trust with Article V.D. directing sale of her homestead if brothers predeceased her, and Article VI.C. directing the trustee to gift the homestead to the University of Miami upon her death, subject to preservation conditions.
- After Reno's death, the University of Miami declined the conditioned gift, and the successor trustee petitioned for cy pres relief under Florida Statute section 736.0413 to substitute Miami Dade College as the charitable donee.
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Why it matters
The opinion extends the practical reach of Florida's cy pres statute beyond the classic 'donee no longer exists' scenario, holding that a charity's declination of a conditioned gift triggers section 736.0413. It also… — full analysis with a trial
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