Legal Question in Wills and Trusts in Florida

renouncing of life rights to home by surviving spouse

My wife's uncle left a house in his will to his brother, sister-in-law and their children contingent upon his wife being able to live in the house until her death or until she no longer wished to reside there. She has decided to move out of state and her daughter insists that the wife should now receive all procees from the sale of the house and is free to do what she will with the contents although the uncle gave instructions that his brother may have any personal pocessions he wished. What can we expect as this goes forward?


Asked on 2/24/00, 10:39 pm

1 Answer from Attorneys
Kelly Henderson

Re: renouncing of life rights to home by surviving spouse

Under the Florida Constitution the "homestead" is not subject to devise under a will where the deceased owner is survivied by a spouse. There would normally be a legal determination of homestead during the probate proceeding. Homestead can include personal property up to a value of $1000.00. As to other assets, in Florida a spouse may take under the will or elect what is called the "elective share," which is an amount equal to 30% of the "elective estate." Your relatives may need to have a Florida attorney fully review the situation in order to know what their rights are under Florida law.

Read more
Answered on 3/15/00, 10:26 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida