Florida’s Homestead Laws Can Override Your Estate Plan—Here’s What You Should Know

Many Florida residents know that the state’s homestead laws offer strong tax benefits. If your Florida property is your primary residence, you’re eligible for a $50,000 property tax exemption and protection under the “Save Our Homes” rule, which limits how much your home’s assessed value can increase each year. Your home is also protected from most creditors.

But what many people don’t realize is that Florida’s Constitution has strict rules about what happens to your homestead property after you die—especially if you have a surviving spouse or minor child. And if your estate plan isn’t set up correctly, these homestead laws can override your wishes.

What Happens to the Homestead If You're Married?

If you're married and you pass away, Florida law says your spouse is entitled to a life estate in the home—unless you leave the property to them outright. A life estate means your spouse can live in the home or rent it out for the rest of their life, but they won’t own it entirely. The ownership will pass to your children (including adult children or children from a previous relationship) once your spouse passes away.

This can lead to complications. For example, your spouse would have to handle ongoing expenses like property taxes, HOA fees, and mortgage interest. Bigger costs, like a roof replacement, would need to be split between your spouse and your children based on how long the repair is expected to last versus your spouse’s life expectancy.

What If Your Spouse Can’t Afford the Home?

Florida law gives the surviving spouse an alternative: They can request that the home be sold. If that happens, the proceeds are split 50/50 between your spouse and your children. But this option must be chosen within six months of your passing. After that window closes, the spouse can’t sell the property without the children’s agreement.

What If You Have Minor Children?

Even if you’re not married, if you have a minor child at the time of your death, your homestead can’t be left to someone else in a will. It will automatically pass to your children—and if one or more of them are minors, this can make things complicated.

There are ways to plan for this, but they often require more advanced legal strategies and early planning.

How to Avoid These Issues

To avoid the stress and conflict that can come with Florida’s homestead restrictions, you have a few options:

• Leave the homestead property directly to your spouse.

• Title the home jointly with your spouse so it passes automatically.

• Speak with an estate planning attorney to explore the best structure for your situation.

The Bottom Line

Your estate plan isn’t complete unless you’ve reviewed how your homestead is titled and who it goes to after you’re gone. Florida’s homestead laws are protective, but they can also create unintended problems if your plan isn’t properly designed.

Talk to an experienced attorney who understands Florida estate law to make sure your home—and your family—are protected.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.