How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jack R. Your Own Question
Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Type Your Legal Question Here...
Jack R. is online now
A new question is answered every 9 seconds

Is it the law that here in Florida Homestead property must

This answer was rated:

Is it the law that here in Florida Homestead property must be left to minor children where there is no spouse involved. If one child is over 18 what rights do they have?
Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.

For the most part the homestead passes to the minor children. If you transfer the property (illegally) the minor children would still be able to stay in the home potentially for life.

The Florida Constitution in Article X, section 4(c) provides:
(c) The homestead shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the owner's spouse if there be no minor child....

If the owner dies without a will then the property passes to the owner's minor children. (devise mean to pass on to)

As far as the oldest child, if you have a will and he is not indicated as the beneficiary his only claim may be to property that is unallocated in the Will. If there is no Will he gets an equal share to his siblings.

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

Jack R. and 8 other Legal Specialists are ready to help you