Lorraine v. Grover, Ciment, Weinstein

467 So.2d 315 (Fla.App. 1985)

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Nature of the Case

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Facts

Johnson shared his residence with his mother and his minor son. His will left a life estate in the residence to his mother with the remainder going to his son. In probate, it was learned that the residence was a homestead and was not subject to devise. It, therefore, passed directly to Johnson's children as his spouse had predeceased him. Johnson's mother (P) sued the law firm and their insurer, the devise failed because of their negligence and lack of skill. The trial court entered a summary judgment for Ds and P appealed.