One’s true and single abode, or home, is your Florida homestead. And family members inherit millions, if not billions, of dollars each year from this unique asset. How do you get yours? For more on homestead litigation, click that link. Understanding the Basics Here’s a list of important bullet points that will start you on your way to understanding homestead. To assert your right to an inheritance, you may need to file two things, if everybody cannot agree. A petition to determine homestead or beneficiaries. And maybe a partition action. The truth is that lots of Florida residents, even really rich ones, die without a will. All the time. That means that millions of dollars are going to “heirs.” Most of the time, one of the most valuable assets in the estate is the house. Here are things you need to know : Each Florida resident has one homestead. Only one, no matter how many houses you have. There are three areas of legal importance: creditor protection, real estate taxes and who gets it when when you die. This commentary is about the last topic. There are restrictions on how you can, must or may leave it. (it’s often referred to as restrictions on “devise”) If left one way, the house is said to automatically “descend” to the heirs. (a spouse is included in the class of heirs) You cannot dis-inherit your spouse from your homestead unless he agrees in writing. Yes, spouses in Florida have automatic rights to homestead […]