Florida homestead law is unique and frequently decisive in probate. After a contested guardianship, the ward’s home is often the most valuable, and most disputed, asset. This page explains how homestead and exempt property work under Florida law and why the guardianship history matters to who inherits the residence.
Constitutional Homestead Protection
Article X, Section 4 of the Florida Constitution shields a homestead from most creditors and restricts how it can be devised when the owner leaves a surviving spouse or minor child. Protected homestead generally passes outside the probate estate and is not reachable by ordinary creditors of the decedent, which is a major advantage for heirs.
Descent and Devise Restrictions
If the decedent is survived by a spouse and a minor child, homestead cannot be devised at all and descends by law. If survived by a spouse and adult descendants, the spouse takes a life estate with a remainder to descendants, or may elect a one-half tenancy in common under Florida Statute 732.401. These rules override conflicting will provisions and often surprise families.
How Guardianship Affects the Home
During a contested guardianship, the home may have been sold under court order to pay for care, rented, or transferred. A guardian generally needs court approval to sell homestead, and any sale changes the character of the asset. We trace what happened to the residence during the guardianship to determine whether homestead protection still applies at death or whether sale proceeds entered the probate estate.
Lady Bird Deeds and Pre-Death Transfers
An enhanced life estate deed, commonly called a Lady Bird deed, lets an owner retain control during life and pass the property automatically at death while preserving homestead status. If such a deed was executed before or during early incapacity, its validity may be questioned by guardianship adversaries. We evaluate timing, capacity, and execution.
Other Exempt Property
Beyond homestead, Florida Statute 732.402 protects certain household furnishings, two vehicles, and qualified tuition program assets for the surviving spouse or children. These exemptions are separate from the elective share and from intestate shares.
Consult a Florida Attorney
Homestead determinations turn on specific facts about family, title, and timing. This is general information, not legal advice. Before relying on homestead protection or contesting a transfer, consult a licensed Florida attorney familiar with both probate and the prior guardianship.
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