How can I leave my home to one of my children in my Florida will?
Full Question:
Answer:
Certain assets are not included as part of a person's estate and may pass outside of probate, such as trust assets and transfer on death accounts or property owned by joint tenants which passes under a right of survivorship when one tenant dies.
Any other property owned by the deceased would be passed through the will. When drafting a will, a testator/testatrix may bequeath or leave property to whomever he or she desires. Under Florida law, your property may be given to anyone you choose, with certain exceptions, after your estate debts are paid.
But note that in Florida, one exception is for homestead properties. A homestead (the residence and adjoining lands) cannot be devised by will if it is: 1) up to acre in size within an incorporated town or city up to 160 acres in size outside those limits; AND, 2) the testator is survived by a spouse or minor child.
