Can a Florida homestead be left to anyone in a will?
Not always. An owner survived by a spouse or minor child cannot freely leave a Florida homestead by will, though with no minor child it may be left to the spouse.
Under Article X, section 4(c) of the Florida Constitution and section 732.4015, Florida Statutes, an owner survived by a spouse or a minor child cannot freely leave the homestead by will. If there is no minor child, the homestead may be left to the spouse.
If the homestead was not validly devised and the owner leaves a spouse and descendants, section 732.401 gives the spouse a life estate with the remainder to the descendants, or the spouse may elect a one half interest within 6 months after death.
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