How does Homestead pass upon death. Well the Florida Constitution sets forth and the laws of the state of Florida provide to whom you can leave homestead property, or if you do not leave homestead property, it dictates who receives it. So if you die and you are married or survived by minor children? The spouse receives a life estate with remainder interest going to the children of the decedent.
The surviving spouse has a right to take an election to receive a one half interest in the property rather than a life estate which most be filed, I believe it’s six months from the date of death. Has to file something in with the deeds or the public records of a particular county, wherever the homestead is recorded. If someone has a will and is not survived by minor children, and however survived by a spouse? They can only leave the property, the entire property, to their surviving spouse. Otherwise, it is an improper devise and then goes to one half interest or a life estate in the surviving spouse and the remainder to the decedent’s children.
If they’re survived by minor children? Then the minor children do get a remainder interest with the surviving spouse getting a life estate. If you have questions about homestead? Give me a call. It’s (727) 847-2288.