CITY NATIONAL BANK OF FLORIDA and ELDA SANTEIRO-MARTINEZ, as Co-Guardians of the property of ELENA ALEMAN, Incompetent, and ELDA SANTEIRO-MARTINEZ, Appellants, v. DONALD R. TESCHER, Guardian Ad Litem, NICHOLAS M. DANIELS, COCONUT GROVE BANK and LUIS SOUBLETTE, as Co-Personal Representatives of the Estate of Elena Santeiro-Soublette, Deceased, LUIS SOUBLETTE, individually, JORGE LUIS ROMANACH, ELDA MARIA ROMANACH, JUAN JOSE ROMANACH, and ALEJANDRO ROMANACH, Appellees, 557 So. 2d 615

Summary

Appellant heirs and bank, as guardians of a decedent's property, sought to set aside an order authorizing the sale of decedent's property by appellee guardian ad litem and personal representative. Appellee representative petitioned the probate court for approval to sell the property because the decedent's will did not contain a specific devise of the property. The probate court authorized the sale and appellee representative filed a petition to determine homestead. The probate court found that the property did constitute homestead, as defined by the Fla. Const. art. X, § 4(c); however, the decedent's spouse was deemed to have predeceased the decedent because he had waived his rights to the property in an antenuptial agreement, and further, the decedent had no minor children. The court affirmed, holding that the property was subject to devise because a minor child did not survive the decedent and because the decedent's spouse had waived his rights, and that the decedent had been free to...