Estate of Salathe, In re, 96-04153

• Decision Date: 12 December 1997
• Docket Number: No. 96-04153,96-04153
• Citation: 703 So.2d 1167
• Parties: 22 Fla. L. Weekly D2783 In re ESTATE OF Angelika Gabriele SALATHE, deceased. Heinz SCHULA and Gerhard Schmalz, Appellants, v. Jurgen Henrich SALATHE, Appellee.
• Court: Florida District Court of Appeals

Page 1167

703 So.2d 1167

22 Fla. L. Weekly D2783

In re ESTATE OF Angelika Gabriele SALATHE, deceased.

Heinz SCHULA and Gerhard Schmalz, Appellants, v. Jurgen Henrich SALATHE, Appellee.

No. 96-04153.

District Court of Appeal of Florida,

Second District.

Dec. 12, 1997.

Charles J. Bartlett of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., Sarasota, for Appellants.

John D. Dumbaugh and F. Scott Westheimer of Syprett, Meshad, Resnick & Lieb, Sarasota, for Appellee.

QUINCE, Judge.

This appeal arises out of the administration of Angelika Salathe's estate. Heinz Schula and Gerhard Schmalz (personal representatives of the decedent's estate in Germany) challenge the trial court's determination that Jurgen Henrich Salathe (Salathe), the decedent's husband, was entitled to inherit her Florida property through intestate succession. Because we find that Salathe is the surviving spouse and entitled to inherit under Florida's intestacy laws, we affirm.

The decedent and Salathe were married in Germany on November 11, 1986, and lived in Germany for the duration of their marriage. One child, a minor, resulted from the marriage. The parties separated in 1992 and from that time on did not live together. As evidence of their separation, the decedent and Salathe entered into a mutual agreement confirming that their marriage was ended as of July 1992. The agreement also stated that if at any time they desired to "start the marriage again" the parties would execute a written confirmation of that intention. The agreement was executed by both Salathe and the decedent. Salathe subsequently left Germany and took up residence on property owned by the decedent in Manatee County, Florida.

Following his move to Florida, Salathe filed for divorce in 1993. Concluding that Germany was the proper venue for a divorce action between Salathe and the decedent, the trial court dismissed Salathe's Florida divorce action. The trial court's decision was affirmed per curiam by this court. Salathe v. Salathe, 657 So.2d 1173 (Fla. 2d DCA 1995). During this time the decedent filed for divorce in Germany, but was unable to obtain jurisdiction over Salathe in Germany and complete the proceeding prior to her death from cancer on May 11, 1995.

Although the decedent was unable to complete divorce proceedings, she did execute a holographic will. The will, dated December 4, 1994, and executed by the decedent in Germany, expressly disinherited Salathe and left her entire estate to the minor child. Salathe's conduct during the marriage, which was the basis for decedent's decision to disinherit him, was specifically set forth in the will.

On the ground that the decedent died intestate, Salathe filed a petition for administration, naming himself as the decedent's surviving spouse and laying claim to her ancillary estate; namely the Manatee County home. Salathe also filed a statement of claim against the ancillary estate.

On May 6, 1996, the personal representatives of the decedent's German estate filed a petition for determination of beneficiaries. The petition opposed Salathe's claim to the estate and alleged that he was not a surviving spouse for intestate succession purposes under German law. Salathe moved for summary judgment, arguing that because there was no final judgment of divorce he was legally decedent's surviving spouse. Following a review of both Florida and German law, the trial court entered summary judgment in favor of Salathe, concluding that Florida law, not German law, controlled the issue. The trial court's conclusion was based on the absence of a judicial decree of divorce indicating that Salathe was legally married to the decedent at the time of her death.

The decedent's holographic will is without force or effect under Florida law. § 732.502(2), Fla. Stat. (1995). Therefore, absent a disposition of her Manatee County property under a valid will, the decedent died intestate with regard to that property. § 732.101, Fla. Stat. (1995). Under Florida's intestacy laws, a surviving spouse takes the first $20,000 plus one-half of the balance of the estate if there are lineal descendants of both the decedent and the surviving spouse. § 732.102(1)(b), Fla. Stat. (1995). Any surviving children take the remainder of the estate. §§ 732.102, 732.103(1), Fla. Stat. (1995).

Unquestionably, Florida's intestacy laws apply to the inheritance of property located in Florida. Kyle v. Kyle, 128 So.2d 427 (Fla. 4th DCA 1961); see also Denison v. Denison, 658 So.2d 581 (Fla. 4th DCA 1995), review denied, 670 So.2d 937 (Fla.1996)(property is subject to the laws of the state in which it is located). The central issue presented by this case, however, is whether Florida or German law is controlling on the status of the marriage and Salathe's status as a surviving spouse. For the foregoing reasons, we believe German law controls the status of the marriage.

Salathe's right to inherit...