Homestead Flashcards
Marie is survived by a spouse Arnold. They have one adult child. Marie devises the homestead to her cousin Caroline. What result and why?
Improper devise - Arnold takes a life estate with a remainder to the adult child
Marie is survived by a spouse Arnold. They have one adult child. Marie devises the homestead to Arnold. What result and why?
This is allowed
Marie is survived by a spouse Arnold. They have one adult child. Marie devises the homestead 1/2 to her cousin Caroline and 1/2 to Arnold. What result and why?
No, would be an improper devise, spouse must receive fee simple interest, unless waived or disclaimed
Husband’s will leaves everything to wife. Included in his estate is his homestead. Husband dies, he is survived by Wife and two minor children. Is this a proper devise of homestead?
No, it would fail as an improper devise and would pass under descent statue. Wife would take a life estate in the homestead, with a vested remainder to the descendants in being at the time of the decedent’s death, per stirpes.
Or in lieu of a life estate under subsection (1), she may elect to take an undivided one-half interest in the homestead as a tenant in common, with the remaining undivided one-half interest vesting in the decedent’s descendants in being at the time of the decedent’s death, per stirpes.
Husband 1 and Wife have a minor child, C1. The family resides on a one-half acre single family house in Davie, Florida. Husband 1 and Wife own their Davie house as tenants by the entirety; they own no other real property. When Husband 1 dies, who takes the house and why?
Wife would automatically have full title to the property in fee simple by operation of law as a surviving spouse of a tenancy by the entirety
Husband 1 and Wife have a minor child, C1. The family resides on a one-half acre single family house in Davie, Florida. Husband 1 and Wife own their Davie house as tenants by the entirety; they own no other real property. After Husband 1’s death, can Wife sell the house or otherwise alienate it?
Once Wife owns the house solely, and remains unremarried, she can freely alienate it under FL. The fact that she has a minor child does not prevent her from alienating it.
Husband 1 and Wife have a minor child, C1. The family resides on a one-half acre single family house in Davie, Florida. Husband 1 and Wife own their Davie house as tenants by the entirety; they own no other real property. When surviving Wife dies, does the home qualify as homestead for probate purposes?
The rules of descent under Fla. Stat. § 732.401(1) apply because she now owned the house solely and remained unmarried. Decends to her descendants in being.
Husband 1 and Wife have a minor child, C1. The family resides on a one-half acre single family house in Davie, Florida. Husband 1 and Wife own their Davie house as tenants by the entirety; they own no other real property. After Husband 1’s death, Wife marries Husband 2, who moves into the home. Husband 2 has a minor child, C2, who lives with and is supported entirely by his ex wife. Would a provision in Wife’s will that provided “I devise the house in Davie to my loving husband, Husband 2” be valid?
Restrictions on devise apply if Wife is survived by a spouse or minor child—here she has both. Wife cannot devise it to anyone.
Husband 1 and Wife have a minor child, C1. The family resides on a one-half acre single family house in Davie, Florida. Husband 1 and Wife own their Davie house as tenants by the entirety; they own no other real property. After Husband 1’s death, Wife marries Husband 2, who moves into the home. Husband 2 has a minor child, C2, who lives with and is supported entirely by his ex wife. What would happen to the house if Wife were to die intestate?
According to Fla. Stat. § 732.401(1), because Wife has a spouse and descendant(s) (C1), the homestead descends as a life estate to the spouse (Husband 2) and as a vested remainder to the descendant(s) (C1). Husband 2 may, however, elect to take an undivided ½ interest in the homestead as a tenant in common, with the remaining 1/2 interest vesting in C1.
Husband 1 and Wife have a minor child, C1. The family resides on a one-half acre single family house in Davie, Florida. Husband 1 and Wife own their Davie house as tenants by the entirety; they own no other real property. After Husband 1’s death, Wife marries Husband 2, who moves into the home. Husband 2 has a minor child, C2, who lives with and is supported entirely by his ex wife. Husband 2 wants Wife to transfer the house into both their names as tenants by the entirety. Can Wife retitle the home in both their names?
Wife can retitle the home in both their names as tenants by the entirety.
Husband 1 and Wife have a minor child, C1. The family resides on a one-half acre single family house in Davie, Florida. Husband 1 and Wife own their Davie house as tenants by the entirety; they own no other real property. After Husband 1’s death, Wife marries Husband 2, who moves into the home. Husband 2 has a minor child, C2, who lives with and is supported entirely by his ex wife. Husband 2 wants Wife to transfer the house into both their names as tenants by the entirety. ssume that Wife transfers the homestead into a tenancy by the entirety and then dies. Who owns the house upon Wife’s death? Who owns the house when Husband 2 subsequently dies?
Husband 2 would automatically have full title to the property in fee by operation of law as a surviving spouse of a tenancy by the entirety. The answer depends on whether Husband 2 remarried prior to his death, died testate or intestate, and whether he was or was not survived by a minor child
Husband and Wife have an adult child, C1 . Husband owns a house solely in fee simple absolute. He wants to devise the house to Wife in fee simple absolute, in which the family resides. Will that devise be valid?
Yes, an owner can devise the
homestead to a spouse if there are no minor children.
Husband and Wife have an adult child, C1 . Husband owns a house solely in fee simple absolute. Husband wants to devise the house to Wife for life,
remainder to his mother. Husband’s mother has more financial need than his
adult child, C1, who is an investment banker. Would this devise be valid?
No, Husband must devise his full interest in the homestead to the spouse. The exception to the
restriction on devising is construed narrowly. Husband would have to transfer his entire interest to the spouse to fit within the exception. Since the devise of a life estate to Wife would be invalid, the house would pass
Husband and Wife have an adult child, C1 . Husband owns a house solely in fee simple absolute. Husband’s mother has more financial need than his
adult child, C1, who is an investment banker. Wife died before Husband. He wants to devise the house to his mother. He still believes that his mother is needier than his adult child, C1. Would the devise be valid?
Yes, the restriction on devise does not apply because Husband has no spouse
or minor child
Are the furnishings in your villa in Costa Rica considered
Exempt Property under Florida Statutes 732.402(1)?
No, vacation homes do not count must be your usual place of abode
