WARNING: If a surviving spouse wants 50% of the homestead property, he or she need to give notice of the election within 6 months of death - no exceptions! Homestead property in Florida is complicated. What constitutes "homestead" is defined by Article X, Section 4 of the Florida Constitution. Homestead property is protected against levy and execution by most judgment creditors (and against creditor claims post death), receives special property tax treatment and is subject to specific restrictions on its descent and devise upon the death of the owner. This blog is about the descent and devise of homestead. Florida Statute §732.401(1) provides: If not devised as authorized by law and the constitution, the homestead shall descend in the same manner as other intestate property; but if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, [...]The post Spousal Election to Take One-Half Interest in Decedent's Homestead Property appeared first on Florida Probate Lawyer.
