Full question:
My Husband recently died. I have read about intestate succession in Florida but I am a surviving spouse and we have one child. I want to stay in the home to raise our child. My Husband left the home to his Brother in a Will but I am told I still have rights. What are my rights to the homestead in Florida?
- Category: Wills and Estates
- Subcategory: Spouses
- Date:
- State: Florida
Answer:
In Florida, the law protects the rights of a surviving spouse and children regarding homestead property. If the deceased spouse is survived by a spouse and children, the homestead cannot be devised to anyone else by Will. This means your husband could not legally leave the homestead to his brother.
As the surviving spouse, you have the right to a life estate in the homestead, which allows you to live there for the rest of your life. After your death, the property would pass to your children. Alternatively, you can choose to take an undivided one-half interest in the homestead as a tenant in common with your children receiving the other half. This election must be made within six months of your husband’s death.
To make this election, you need to file a notice of election with the legal description of the property in the county records. Once you make this election, it cannot be changed.
For more detailed guidance, you may want to consult with a legal professional familiar with Florida probate law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.