Walters v. Agency for Healthcare Administration
The Third District held that the 2021 amendment to section 719.103(25), Florida Statutes — which added that "[a]n interest in a [cooperative] unit is an interest in real property" — does not apply retroactively to a decedent who died in 2017. Because the cooperative interest was therefore not real property at the time of death, it was not protected homestead and remained subject to AHCA's Medicaid creditor claim against the estate.
Key facts
- Walters, as personal representative of a decedent who died in 2017, challenged AHCA's Medicaid creditor claim against the estate, arguing that the decedent's cooperative apartment unit qualified as protected homestead property.
- The trial court allowed AHCA's claim, treating the cooperative interest as personal property not entitled to homestead protection under pre-2021 law.
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Why it matters
This is the first appellate decision addressing whether the 2021 statutory redefinition of cooperative units as real property applies retroactively, and it creates a bright temporal line: deaths (and presumably creditor… — full analysis with a trial
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