Traeger v. Credit First Nat. Ass’n, 864 So.2d 1188 (Fla. 5th DCA Jan. 9, 2004) (TRIAL COURT REVERSED) The decedent was not survived by a spouse or minor children. The decedent’s last will and testament devised her homestead property, a condominium unit in Ponce Inlet, Florida, to her adult step son and her adult natural daughter. The adult step son and her adult natural daughter, as co-personal representatives of the estate, petitioned the court to determine the homestead status of the condominium unit and asserted their belief that the property descended to both of them as protected homestead property. Circuit Court Judge C. McFerrin Smith III ruled that because the decedent’s adult step-son occupied a lower class under 2004->Ch0732->Section%20103#0732.103″>Section 732.103, Florida’s intestacy statute, his one-half share of the condominium property was not entitled homestead protection, while the surviving natural daughter’s share of the condominium was entitled to such protection.
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