The Florida Senate

732.4015  Devise of homestead.--

(1)  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 child.

(2)  For the purposes of subsection (1), the term:

(a)  "Owner" includes the settlor of a trust evidenced by a written instrument in existence at the time of the settlor's death pursuant to which the settlor retained the right either alone or in conjunction with any other person to amend or revoke the trust at any time before his or her death.

(b)  "Devise" includes a disposition by trust of that portion of the trust estate which, if titled in the name of the settlor of the trust, would be the settlor's homestead.

History.--s. 1, ch. 74-106; ss. 18, 30, ch. 75-220; s. 16, ch. 92-200; s. 959, ch. 97-102.