BETTEN, MURPHY & WEISS
Attorneys, PA
Brevard's Elder Law Firm
1800 Penn Street, Suite 6
Melbourne, FL 32901-2625
Phone (321) 676-2525
Florida homestead law complicates real estate titles and conveyances, the descent and distribution of
decedents' estates, and the collection of money judgments. In addition, it is often confused with the
homestead exemption from real property taxes. Every Florida resident is entitled to have his interest in the real property on which he resides
(his "homestead") exempt from forced sale for collection of money judgments. After the owner's death,
this exemption inures to his surviving spouse and/or heirs at law who inherit the homestead. In addition, an attempt by a deceased owner to devise his homestead property by will is void if he
is survived by either a surviving spouse or a minor child. (Exception: A devise of the fee simple
title to the surviving spouse is valid if there is no child that is a minor.) If not validly devised,
the homestead passes outside the powers of the personal representative in the probate proceeding directly
to the surviving spouse, if any, for life with a vested remainder to the decedent's lineal descendants
per stirpes.