Also known as: homestead estates · homestead
Written by attorneys · grounded in primary & secondary sources — see below
A protected interest in the family home that a surviving spouse or dependent child may claim from a decedent's estate. The interest receives priority over creditor claims and may be supplemented by a statutory allowance. Its value may be offset against any constitutional homestead right already held by the claimant.
Hamid Hassan and his wife executed a written premarital agreement waiving all homestead rights. After Hamid's death his surviving spouse sought a homestead allowance from the estate. The probate court enforced the waiver and denied the allowance because the signed writing satisfied the statutory requirements.
Hunter Hughes died owning the family home in which his surviving spouse Hope Howard already held a constitutional homestead life estate. Hope petitioned for the statutory homestead allowance. The court charged the value of her existing life estate against the allowance and reduced the amount payable from estate assets.
Select any source to read its text and confirm it supports the definition.
Henry Hoffman was convicted of feloniously killing his spouse. He then claimed a homestead allowance from her estate. The court ruled that the intentional killing caused forfeiture of the allowance and directed distribution as if he had disclaimed the interest.
After Harold Hayes died, his surviving spouse Helen petitioned the probate court for the homestead allowance. Creditors objected that estate assets were insufficient. The court ruled the allowance must be paid first and reduced the creditors' recovery accordingly.
Hakeem Harris's estate included a modest homestead. His surviving spouse claimed both the homestead allowance and an elective share. The court confirmed that the allowance has statutory priority over general claims and is payable in addition to the elective share.
When Helen Hayes died without a surviving spouse, her minor child sought the homestead allowance. The personal representative resisted payment. The court ordered the allowance paid directly to the child because the statute expressly grants the right when no spouse survives.
Yes. A written agreement signed by the surviving spouse before or after marriage may waive the homestead allowance. The agreement is enforceable without consideration.
Yes. The value of any constitutional homestead right received by the surviving spouse must be charged against the statutory homestead allowance to the extent the home forms part of the decedent's estate.
Yes. An individual who feloniously and intentionally kills the decedent forfeits the homestead allowance along with other estate benefits. The estate passes as if the killer had disclaimed the interest.
Yes. The homestead allowance is independent of the elective share and is not charged against it. The surviving spouse may receive both.
…by all governments entitled to the name.” No court, he said, would hesitate to adjudge void any statute declaring that “the homestead now owned by A should no longer be his, but should henceforth be the property of B.” In accordance with these principles it was held, in that case, that the property of the citizen could…