To Transfer Your Homestead into Trust or Not?

Many Floridians establish Living/Revocable Trusts to transfer their homestead to their beneficiaries at death. However, many are unaware of the negative consequences this transfer may have on the protectionist rights provided by Florida’s homestead laws. In order to protect those rights, certain precautions must be made: The trust must adhere to the Florida constitutional provisions related to descent and devise. Florida’s Constitution limits to whom a homestead may be given when that person is survived by a spouse or minor child. If the trust gives the homestead to someone other than the spouse or minor child, the gift may be held invalid and the statute on property transfers at death wou

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Offices located:

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Washington, D.C. 

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