Lakeland, FL asked in Estate Planning for Florida

Q: Does the Florida Homestead law about surviving spouses supercede a will if the will left the property to the children?

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Yes, as long as no prenuptial or postnuptial agreement was signed or some other waiver of Homestead Rights, then the surviving spouse usually has substantial rights to Homestead (at least a life estate or half 50% interest) amongst many other rights. The Will or any estate planning for that matter that does not address and protect the rights of a surviving spouse will be ignored by the probate court in those respects. In order to pursue any such rights, you will need to claim those rights and probate the estate/Will/etc.

Lauren Nagel Richardson agrees with this answer

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