## Facts

- Hillard J. Aronson created a revocable trust in 1996 and transferred a Key Biscayne condominium (then not used as the couple’s residence) into the trust, with Hillard as trustee.
- The trust granted the surviving spouse, Doreen Aronson, a life interest in remaining trust assets at Hillard’s death, with the remainder to Hillard’s sons, James and Jonathan Aronson, who were successor trustees.
- Before Hillard’s death, the couple sold their Massachusetts home (titled in Doreen’s name) and moved into the condominium as their primary residence.
- Doreen contributed $129,895 from the Massachusetts home sale proceeds to pay off the condominium’s mortgage.
- Hillard died in 2001; the condominium was the trust’s sole remaining asset.
- After Hillard’s death, the sons, as successor trustees, sought to treat the condominium as trust property and sell or administer it under the trust’s dispositive plan.
- Doreen sued for a declaration that the condominium was constitutionally protected Florida homestead and could not be disposed of under the trust in a way that impaired her rights as surviving spouse.
- The trial court ruled for Doreen, finding the condominium was homestead and that Florida’s constitutional homestead provision governed its disposition; the sons appealed and asserted res judicata based on earlier family litigation involving the property.

## Issues

1. Whether a residence titled in a revocable trust may be treated as constitutionally protected homestead such that the Florida Constitution controls its disposition at the owner’s death, despite contrary trust terms.
2. Whether the widow’s homestead-based claim was barred by res judicata due to prior litigation concerning the property.

## Decision

- The appellate court affirmed the judgment for Doreen.
- The court held the condominium was protected homestead at Hillard’s death, and the Florida Constitution controlled the property’s disposition over the trust’s life-estate-and-remainder plan.
- The court rejected the trustees’ res judicata defense because the widow’s homestead claims were different from the claims litigated in the prior case.

## Legal Principles

- A primary residence can qualify as Florida constitutional homestead even when legal title is held in a revocable trust controlled by the decedent during life.
- When the decedent is survived by a spouse (or minor child), article X, section 4(c) of the Florida Constitution limits permissible disposition of homestead; conflicting trust provisions are ineffective to the extent they contravene constitutional protections.
- Homestead rights arise at death and operate independently of private estate-planning instruments.
- Res judicata requires identity of the cause of action; it does not bar later litigation premised on distinct claims and obligations arising at a different time.

## Conclusion

The court affirmed that the Key Biscayne condominium constituted protected homestead at the decedent’s death, making Florida’s constitutional homestead restrictions controlling over the revocable trust’s attempted disposition, and it held the widow’s homestead action was not precluded by res judicata.


Aronson v. Aronson, 81 So. 3d 515 (Fla. 3d DCA 2012)