The rules of homestead in Florida are complicated. But heirs may have more rights than you realize. You may end up inheriting homestead which is valuable. Don’t worry if you don’t get along with your family co-owners. You can sell the property even if others disagree. File a partition action. Your rights If you inherit part of your mom’s house, and you don’t want to live there, sell it ! And take your inheritance from the sale proceeds. How? Read on…. Any part of a decedent’s estate that does NOT pass by a will, passes according to the laws of intestacy. Intestacy means that someone died without a will. Under the intestacy laws, heirs inherit. Who are heirs? Heirs are those who inherit under the laws of intestacy. Sound circular? Heirs include descendants and the surviving spouse. If there is no surviving spouse, then the descendants inherit. What about homestead? It has its own rules and laws. Inheriting homestead — the “ugly” (confusing) truth Homestead is the one true house of the dead Floridian. You know, that place where she always returned after being away. Sometimes, a Florida resident has multiple residences. But only one homestead. You can inherit by selling it, even if your co-owners don’t want to sell it. And even if they are living in it. So, you can file a petition to determine homestead. Homestead is generally considered OUTSIDE OF PROBATE. And not a probate asset. (Click HERE for commentary about the probate process). Although you […]

Surviving spouses have a LOT of inheritance rights. Especially when it comes to homestead! But children from a prior relationship may object. Do you know how to navigate inheriting homestead? Spouses = a special class of inheritors Do surviving spouses in Florida have inheritance rights? What inheritance rights do surviving spouses have? Can my wife give her house to someone else in her Florida will or trust? Can my husband leave me and our minor children nothing? What do spousal rights have to do with Palm Beach probate litigation? Can my spouse of twenty years leave all of his money to his children from a prior marriage? If I am a surviving spouse, should I hire a Florida probate litigation lawyer? What am I entitled to? What happens to the homestead? Surviving Spouse Inheritance Rights In Florida, a surviving spouse may have rights to property of a deceased spouse.  As In re Estate of Magee discusses, there are statutory minimum benefits that must be provided for families regardless of the decedent’s intent. What are these benefits? Homestead, elective share, and family allowances are three of the main rights of surviving spouses in Florida. With that being said, these rights can be waived by a prenuptial agreement. Did you sign away your Florida inheritance rights? Talk to an experienced Florida inheritance lawyer to learn exactly what you, as a surviving spouse in Florida, are entitled to inherit. Florida Probate Laws Florida has some specific statutes, or laws, on inheriting homestead. Why? Homestead is considered one of the most important […]