New Florida Homestead Law Takes Effect October 1


In early June, we blogged about the new Florida Homestead Law that Governor Crist signed into law regarding the way a homesteaded property may pass to a surviving spouse.

That new law goes into effect on October 1, and will have a dramatic effect on the passing of real property to a surviving spouse and children:

Current Law: Husband with adult children from first marriage is married again to Wife 2. Husband dies without a will or estate plan. Wife 2 gets a life estate in the property (meaning she can live there as long as she lives) with the remainder going to the children. Wife 2 cannot sell the home without the permission of the children. Wife 2 has no ownership rights but is solely responsible for all taxes and upkeep of the property.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© David Wolf | Attorney Advertising

Written by:


David Wolf on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.