Do children of a surviving spouse have any interest in deceased spouse's homestead on the surviving spouses's death where the surviving spou...

Question

Do children of a surviving spouse have any interest in deceased spouse's homestead on the surviving spouses's death where the surviving spouse has signed a pre-nup agreement, under florida law.

Answer

You should schedule an appointment to speak with a Probate lawyer about your specific situation. There are too many possibilities and not nearly enough information provided in your post.

Answer

Generally no.

Answer

If the surviving spouse received the property upon the spouse's death, it would likely pass to his/her heirs by intestacy. You need to seek an attorney's advice depending on the pre nup and what it specifically provides for with regard to the house.