Legal Question in Wills and Trusts in Florida

The survivng spouse gets the homestead rights, which may or may not be the full interest. It depends upon certain factors (though at a minimum it would be a life estate). Plus they could get the elective share. To prevent this requires a anti-nuptial agreement.

A surviving spouse does get homestead rights and a share of the estate. There is a right of survivorship for homes owned by "tenancy by the entirety," but that requires a married couple to have taken title at the same time. Florida probate laws are covered in Florida Statutes Ch. 732, where it explains what share the surviving spouse gets. Create a will if you would like to make alternate plans, but note that you cannot take away your spouse's homestead rights in Florida. www.floridawillmaker.com