Practice Areas

Blog

News

Library

What are Florida's homestead statutes?

 

A: Florida homestead statutes are laws that govern how homestead property will be distributed upon your death. According to the Florida Constitution, there are limits on who is entitled to homestead property when the owner dies if survivors include a spouse or minor child. To get a thorough understanding of homestead statutes, you should consult with a Fort Myers, Florida attorney.

A Closer Look at Florida Homestead Statutes

According to Florida Statute 732.401, for example, if the deceased is survived by at least one descendant and a spouse, the surviving spouse will be entitled to a life estate in the home, and a vested remainder will go to the descendants.

Based on that same statute, the surviving spouse can elect to take a 50% interest as a tenant in common in the property rather than a life estate. This would give that spouse some ownership interest, allowing him or her to set in motion the process of selling the property. Consequently, if the home is sold, that spouse will typically be entitled to 50% of the proceeds. 

The aforementioned election can be exercised by the surviving spouse or, with a court's approval, an attorney in fact or guardian of the surviving spouse's property. Before the election can be approved, however, the court must decide if the election will be in the best interests of the surviving spouse.

It's obvious that Florida Homestead statutes are very complex and may be difficult to understand if you don't handle homestead cases on a daily basis. To ensure that your legal rights are protected, you should discuss any concerns you may have with a Fort Myers, Florida attorney.Top of FormBottom of Form

Help from an Estate Planning Attorney in Fort Myers is Just a Phone Call Away

Fort Myers estate planning attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your estate planning concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions - 239-939-7100 or 888-643-6514.

Terms and Conditions for Use of Website:  Matthew A. Linde, P.A. (the "Firm") makes available the information and materials on this website, http://www.probatelitigator.com, and http://www.contractlitigator.com  (the "Materials") for informational purposes only to the user ("You.”).  While the Firm hopes the Materials will be helpful as general information, the Firm does not warrant that the Materials are accurate or complete. Moreover, the Materials are general in nature, and may not apply to your legal issue. Under no circumstance do the Materials constitute legal advice and should not be relied on as such.  Furthermore, the Firm accepts clients only in accordance with mutually agreed upon procedures and renders legal advice only after completion of those procedures and when it is legally permissible for the Firm to do so. Any usage of this website and Materials is provided with no warranties or guarantees of any kind. Further, attempting to print a Webpage can distort its meaning because only part of the Webpage will actually print, and links between WebPages is severed by attempting to print a page.  These WebPages are not intended to be printed.  The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the Firm to send you free written information about the qualifications and experience of the relevant lawyer.   The Firm regularly handles cases in Fort Myers, North Fort Myers, Cape Coral,  Bonita Springs, (Lee County) Punta Gorda, Port Charlotte, (Charlotte County) and Naples including Marco Island (Collier County).

Contact Information

Videos

FAQs