Florida Real Estate Broker ExaminationReal Estate Law and RegulationsMedium
A Florida homeowner has a primary residence that qualifies for homestead exemption. The homeowner passes away, leaving behind a spouse and a minor child. The will attempts to devise the homestead property to a distant cousin. Under Florida's homestead law, what is the most likely outcome regarding the inheritance of the property?
- AThe property will become jointly owned by the surviving spouse and the minor child as tenants in common.
- BThe property will pass to the distant cousin as specified in the will, overriding homestead protections.
- CThe property will be sold, and the proceeds distributed according to the will after satisfying any debts.
- DThe property will pass to the surviving spouse as a life estate, with a remainder to the minor child.
Show answer & explanationAnswer & explanation
Correct answer: D. The property will pass to the surviving spouse as a life estate, with a remainder to the minor child.
Florida's homestead law protects the homestead from devise if the owner is survived by a spouse or minor child. In such cases, the homestead descends to the surviving spouse for life, with the remainder to the lineal descendants (minor child) in being at the time of the decedent's death.
Why the other options are wrong
- A. While a spouse can elect tenancy in common with lineal descendants, the default is a life estate for the spouse and remainder for the child.
- B. Florida homestead protection prevents devising the property if there's a surviving spouse or minor child.
- C. The homestead is protected from forced sale for the benefit of heirs, and the will cannot override the statutory disposition in this scenario.
Homestead Devise Restriction
Florida homestead property cannot be devised by will if the owner is survived by a spouse or a minor child, instead descending by law.
- Applies if owner is survived by spouse OR minor child.
- Will provision attempting to devise homestead is ineffective.
- Property descends by law: life estate to spouse, remainder to lineal descendants.
- Protects family from disinheritance or creditors.
Memory trick: Spouse and child always come first, even over the will's burst.