In Florida, a person's homestead is their principal place of residence and as homestead, the property has certain benefits and protections. These include: (1) exemption for creditor claims; (2) exemption from certain real estate taxes; and (3) protection of spouse and minor children. Prior blogs on this site have addressed the first two benefits listed; this blog will address the third.
A Pre-Nuptial Agreement (also sometimes called a Pre-Marital Agreement) is a contract between two prospective spouses setting forth their rights in two main scenarios: 1) if they marry and later divorce; and 2) if one spouse dies while the parties are still married. This blog will discuss how the Pre-Nuptial Agreement impacts a surviving spouse's right to inherit if one spouse dies.