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In re Estate of Potter | 469 So. 2d 957 (1985)
The gifts that testators leave with their wills can be split into four categories. First, a specific legacy is a gift of a particular piece of property. Second, a demonstrative legacy is a gift of money from a specific source or fund. Third, a general legacy is a gift that isn’t of specific property or money from a specific fund. And fourth, a residuary legacy is a gift of the remaining property to be distributed under the will that didn’t fall into the other three categories. A mother provided gifts of equal value in her estate plan, but after she passed, her children learned not all categories of gifts are treated the same in In re Estate of Potter.
Mildred Potter executed a will. Mildred left her home and everything in it to her daughter, Helen. Helen would receive the home free and clear, meaning she wouldn’t have to pay any administrative expenses, liabilities, or taxes. The will permitted Mildred’s executor to request funds from Mildred’s trust to make any payments needed so Helen would receive it free and clear.
When Mildred executed her will, she also amended her trust. Under the amendment, the trust would pay the expenses of Mildred’s estate. Mildred’s son, Edwin, would get a payment from the trust of an equivalent amount to what Helen received. Then, the trust would be split equally between Helen and Edwin.
When Mildred died, there wasn’t enough left in the trust for Edwin to get an equivalent amount of money to the home. At the request of Mildred’s personal representative, the trial court permitted the home’s sale. Then, after payment of any taxes, expenses, and liabilities, Edwin and Helen would split the money. The court reasoned that Mildred’s intent with her estate plan was to have Edwin and Helen treated equally. Helen appealed the trial court’s order to the Florida Court of Appeal.
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