Homestead

Question 1

Homestead definition

Answer 1

A homestead property is the primary residence of a natural person up 0.5 a contiguous acre within a municipality, or up 160 contiguous acres outside of a municipality

Question 2

What are the restriction categories on homestead

Answer 2

Forced sale, conveyance, and devise

Question 3

Forced sale restrictions

Answer 3

The homestead is not subject to forced sales except for claims by supercreditors

Question 4

Who are considered supercreditors

Answer 4

Taxes, mortgages, and mechanic’s liens

Question 5

Homestead protections inure to

Answer 5

Decedent’s surviving spouse and heirs

Question 6

Conveyance restrictions

Answer 6

A homestead owner cannot convey the property without joinder of the spouse, even if it is solely owned by the conveying spouse

Question 7

The only conveyance allowed is

Answer 7

Conveyance to spouse as TE

Question 8

Devise Rule - Surviving spouse or minor children

Answer 8

If the decedent is survived by a spouse or minor children, the homestead is not subject to devise

Question 9

Devise Rule - Surviving spouse, no minor children

Answer 9

If the decedent is survived by a spouse but no minor children, the only acceptable devise is to the spouse 100% in fee simple

Question 10

Devise Rule - No surviving spouse, no minor children

Answer 10

The homestead property is can be devised to anyone

Question 11

Descent, generally

Answer 11

If a homestead property is improperly devised, or not devised, it descends as other intestate property

Question 12

If improperly devised and decedent is survived by a spouse

Answer 12

The homestead will descend to the spouse

Question 13

If improperly devised and decedent is survived by a spouse and one or more children

Answer 13

The spouse will get a life estate in the homestead and descendants get vested remainder, per stirpes OR spouse may elect 1/2 interest as TC with surviving descendants, per stirpes