Also known as: homestead properties · homestead
Written by attorneys · grounded in primary & secondary sources — see below
A statutory or constitutional protection that grants a surviving spouse or dependent child a priority claim to a fixed value or interest in the family home within a decedent's estate. The protection is exempt from most creditor claims and takes precedence over other distributions. It may be waived only by a signed written agreement and is forfeited by a slayer of the decedent.
After marriage, Harriet Hamilton signed a written agreement waiving all rights to homestead allowance from Hector Huerta's estate. When Hector died, Harriet sought the allowance anyway. The court enforced the waiver because it was in writing and signed by the surviving spouse, leaving her with no homestead claim against the estate.
Hazel Hoffman inherited a life estate in the family home under a state constitutional homestead provision after her husband died. She also petitioned for the statutory homestead allowance. The court charged the value of her constitutional life estate against the allowance, reducing the amount payable from other estate assets.
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Hakeem Harris was convicted of intentionally killing his wife. He then claimed a homestead allowance from her estate. The court denied the claim because the slayer statute bars any homestead allowance to a person who feloniously and intentionally kills the decedent.
The IRS obtained a tax lien against a husband for unpaid taxes. His wife claimed the family home was protected homestead property under state law. The Supreme Court held that the federal tax lien could attach to the husband's interest in the homestead despite the state protection.
Hilda Hernandez attempted to sell the family homestead without her husband's signature on the deed. The buyer sued for specific performance. The court refused to enforce the contract because state law requires spousal consent to convey homestead property.
A divorce court in one state awarded a wife homestead rights in land located in another state. The husband later challenged enforcement in the situs state. The Supreme Court held that the situs state was not required to give full faith and credit to the decree affecting title to local homestead property.
A surviving spouse may waive the homestead allowance only by a written agreement signed before or after marriage. The agreement is enforceable without consideration.
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The value of any constitutional homestead right received by a surviving spouse or child must be charged against the statutory homestead allowance to the extent the home is part of the decedent's estate.
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An individual who feloniously and intentionally kills the decedent forfeits all benefits under the probate article, including the homestead allowance.
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Federal tax liens may attach to a spouse's interest in homestead property even when state law protects the homestead from unilateral alienation.
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…of limitations as a bar to enforcement of the oral contract; and 3) the trial court's enforcement of a contract conveying homestead property in spite of the failure of Ray's wife to consent to the contract. We hold that the lower court erred when it failed to find the oral contract barred by the Statute of Frauds. We pretermit…