732.4015
Devise of homestead.
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732.4015 Devise of homestead.—
(1) As provided by the State Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or minor children, except that the homestead may be devised to the owner’s spouse if there is no minor child or minor children.
(2) For the purposes of subsection (1), the term:
(a) “Owner” includes the grantor of a trust described in s. 733.707(3) that is evidenced by a written instrument which is in existence at the time of the grantor’s death as if the interest held in trust was owned by the grantor.
(b) “Devise” includes a disposition by trust of that portion of the trust estate which, if titled in the name of the grantor of the trust, would be the grantor’s homestead.
(3) If an interest in homestead has been devised to the surviving spouse as authorized by law and the constitution, and the surviving spouse’s interest is disclaimed, the disclaimed interest shall pass in accordance with chapter 739.
History.—s. 1, ch. 74-106; ss. 18, 30, ch. 75-220; s. 16, ch. 92-200; s. 959, ch. 97-102; s. 38, ch. 2001-226; s. 13, ch. 2007-74; s. 8, ch. 2010-132.
Notes of Decisions
Cited in 40
cases (4 in the last 5 years), 1980–2024 · leading case: Lorraine v. Grover, Ciment, Weinstein & Stauber, PA
Lorraine v. Grover, Ciment, Weinstein & Stauber, PA (1985)
“; § 732.4015, Fla. Stat. (1981). Accordingly, there was no means by which a will could have been drafted so that Johnson's testamentary intent, that a life estate in the homestead pass to his mother on his death, could have been accomplished.”
Holden v. Estate of Gardner (1982)
“Petitioner further contends that the legislature, in adopting section 732.4015 of the Probate Code, Florida Statutes (1979) [2] eliminated the requirement that a decedent spouse who owned the marital home be the head of the family before restrictions on devise away from the…”
In Re Estate of Finch (1981)
“Similarly, section 732.4015, Florida Statutes (1977), states: As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or minor child, except that the homestead may be devised to the owner's spouse if there is no…”
Engelke v. Estate of Engelke (2006)
“, § 732.4015, Fla. Stat. (2005) (treating disposition by trust of grantor's homestead as a "devise" where grantor is survived by spouse or minor child); see also Johns v.”
Clifton v. Clifton (1989)
“[2] § 732.4015, Fla. Stat. (1987); Art. X, § 4(c), Fla.”
Dr. Ross G. Stone v. Nancy Stone and Alma Stone (2014)
“§ 732.4015, Fla. Stat. (2011). This law recognizes the revocable trust as a will substitute and the grantor of such a trust as the equivalent of the testator of a will for purposes of the application of homestead laws.”
Amendments to the Florida Probate Rules (2003)
“§ 732.4015, Fla. Stat. Devise of homestead.”
Hartwell v. Blasingame (1990)
“Section 732.4015, Florida Statutes (1987), provides: As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or minor child, except that the homestead may be devised to the owner's spouse if there is no minor…”
Cutler v. Cutler (2008)
“, § 732.4015, Fla. Stat. (2005) (treating disposition by trust of grantor's homestead as a "devise" where grantor is survived by spouse or minor child); see also Johns v.”
City Nat. Bank of Florida v. Tescher (1990)
“Article X, section 4(c) of the Florida Constitution and Section 732.4015, Florida Statutes (1987), prohibit the devise of homestead property where the decedent is survived by a spouse or minor child.”
In Re Estate of Skuro (1985)
“1982), the Florida Supreme Court held that the use of the term "homestead" in Section 732.4015, Florida Statutes (1979) (which concerns the devise of homestead) refers to homestead as that term is used in the Florida Constitution.”
In Re Estate of Cleeves (1987)
“Article X, section 4(c) of the Florida Constitution and section 732.4015, Florida Statutes (1985) provide that homestead property shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the spouse if the owner is…”
— 732.4015(2)(a) — 1 case
Aronson v. Aronson (2012)
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