Devise of Homestead in Florida
with Spouse
According to Florida Statute 732.4015 "Devise of
homestead", "...as provided by the Florida Constitution. The
homestead shall not be subject to devise if the owner is survived by a spouse
or a minor child or minor children, except that the homestead may be devised to
the owner's spouse if there is no minor child or minor children."
In other words, if you have a Spouse (and no minor child/children), you must
leave your Homestead outright to your Spouse. If you have no Spouse (and no
minor child/children), you may leave your Homestead to anyone you choose.
Devise of Homestead in Florida with Spouse and Minor Children
According to Florida Statute 732.4015 "Devise of
homestead", "...as provided by the Florida Constitution. The
homestead shall not be subject to devise if the owner is survived by a spouse
or a minor child or minor children, except that the homestead may be devised to
the owner's spouse if there is no minor child or minor children."
In other words, if you have a Spouse and minor child/children, then your
Homestead is going to be devised to your Spouse for life with a vested
remainder to the minor child/children.
