## Facts

- Juanita Carter owned Florida homestead property and died in 2002 survived by her husband, Pinkney Carter, and two adult sons, Ronald Williams and Robert Williams.
- Her will devised the homestead as a life estate to Pinkney, with the remainder in fee simple to Ronald; it devised the residue equally to Ronald and Robert.
- Robert died in 2017; Lindsay Ballard became the sole heir and later served as personal representative of Robert’s estate.
- Pinkney died in 2019.
- In 2020, Ronald sought summary administration of Juanita’s estate, listing the homestead as the only asset.
- Ballard petitioned to determine homestead status, asserting the will’s homestead devise was invalid under Florida homestead restrictions and that the homestead instead descended at Juanita’s death by operation of law: life estate to Pinkney and remainder to both sons.
- The circuit court upheld the will’s homestead devise (life estate to Pinkney, remainder solely to Ronald).
- During the appeal, Ronald died and his children (including Kristen Pritchard) succeeded to his interest and defended the circuit court’s ruling.
- On appeal, the homestead character of the property was undisputed; appellees argued equity (waiver/estoppel) should enforce Juanita’s intent to leave the remainder only to Ronald.

## Issues

1. Whether a will may validly devise homestead to a surviving spouse for life with the remainder solely to one of two adult children when the decedent is survived by a spouse and lineal descendants, under article X, section 4(c) of the Florida Constitution and section 732.4015, Florida Statutes (2002).
2. Whether waiver, estoppel, or similar equitable doctrines can validate an otherwise invalid homestead devise or defeat the statutory descent mandated by section 732.401, Florida Statutes.

## Decision

- Reversed the circuit court’s order upholding the will’s homestead devise.
- Held the devise (life estate to spouse, remainder solely to one child) was an invalid devise of homestead.
- Held that, because the devise was invalid, the homestead passed immediately at death by operation of law under the intestacy/homestead descent statutes: life estate to the surviving spouse and remainder interests vesting in both sons.
- Rejected the argument that waiver, estoppel, or the surviving spouse’s non-objection could override the constitutional and statutory homestead scheme.
- Remanded for further proceedings consistent with statutory descent of the homestead.

## Legal Principles

- Florida’s homestead protections restrict testamentary disposition when the owner is survived by a spouse or minor child; any permitted devise must comply with the constitutional and statutory requirements.
- Under section 732.4015 (2002), a homestead devise that does not conform to the permitted methods of disposition is invalid.
- When a homestead devise is invalid, section 732.401 controls and the homestead descends automatically at death (including a life estate in the surviving spouse and vested remainder interests in the lineal descendants), independent of later probate steps.
- Equitable doctrines (including waiver and estoppel) cannot be used to validate an invalid homestead devise or to alter the statutory descent of homestead interests that vested by operation of law.

## Conclusion

The court held that the will’s attempt to give the homestead remainder exclusively to one son was invalid under Florida homestead law, and that the homestead therefore descended at the decedent’s death by statute, with a life estate in the surviving spouse and remainder interests vested in both sons; equity could not change that result.


Ballard v. Pritchard, 332 So. 3d 570 (Fla. 2d DCA 2021)