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Lisa, a widow with two minor children, dies owning homestead property in Tampa. Her will leaves the property to her sister instead of her children. What happens to the property under Florida law?

Correct Answer

C) The will provision is void; the children inherit the property subject to homestead restrictions

Correct: Florida homestead law restricts devise when the owner has surviving minor children, making the will provision void as to homestead property. A is incorrect because homestead restrictions override will provisions when minor children exist. B is incorrect because the sister has no homestead inheritance rights when minor children survive. D is incorrect because the property cannot be devised away from minor children under homestead law.

Answer Options
A
The property passes to the sister as specified in the will
B
The property is divided equally between the sister and the children
C
The will provision is void; the children inherit the property subject to homestead restrictions
D
The property must be sold and proceeds distributed per the will

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Related Topics & Key Terms

Key Terms:

homesteaddevise_restrictionsminor_childreninheritance
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