Sun First National Bank of Polk County v. Fry

CAMPBELL, Acting Chief Judge.

Sun First National Bank of Polk County, as personal representative of the estate of Margaret W. Fry, deceased, challenges the trial court order finding that where decedent’s surviving spouse had validly waived his homestead rights and there were no minor children, decedent’s homestead property would pass directly to the lineal heirs, appellees. Sun First maintains that the property should pass by decedent’s will. We agree. City Nat’l Bank of Florida v. Tescher, 578 So.2d 701 (Fla.1991); Hartwell v. Blasingame, 564 So.2d 543 (Fla. 2d DCA 1990).

Decedent died testate…