Cape Coral Homestead Law Attorney

The Homestead Law for surviving spouses is different than the real estate tax homestead exemption. The Homestead Law for surviving spouses is a specific estate planning statute which dictates the rights of the children and the spouse as to the home in which the decedent lived and owned. Different rights are created depending on whether or not the decedent owned the home in his or her own name, or jointly with their spouse.

I, attorney Robert C Adamski, have been assisting individuals throughout Florida with their estate planning and probate concerns for more than 30 years. If you have questions regarding what will happen to your home or how to best protect it in the future, I can help. Contact my law firm for more information regarding the Homestead Law for surviving spouses.

Cape Coral and Fort Myers Estate Attorneys

There are two main options under the Homestead Law in Florida when a decedent owned the home in his or her own name:

  • Option one: The surviving spouse will receive a life estate in the homestead and the children will have a remainder interest in the property, thus preventing the spouse from selling the home. The children will then receive the home when the spouse passes away.
  • Options two: The surviving spouse may file an election to take a 1/2 interest with the children as tenants in common. This would allow for the spouse to sell the home and split the proceeds.

Many problems can arise in both of these situations depending on your current needs and wants. No matter what estate planning issues you are facing, I can work with you to develop a plan that will best prepare you for the future.

Know Your Options

It is very important to speak with a skilled and experienced attorney when it comes to your homestead. I am able to plan ahead to ensure future problems, such as not being able to sell your home, are avoided. If you are currently feeling trapped in your house and unable to pay the large bills, I will help you there as well. No matter what issue arises, I have the knowledge required to help you through it.

Contact a Homestead Law for Surviving Spouses Law Firm in Florida

If you have questions regarding your rights as a spouse under the Homestead Law in Florida, I can help. Contact my law firm for a free initial consultation. I will answer any questions you may have and work with you to develop a plan to protect your future.