Episode 2: Florida Property – Rights of Survivorship and Estate Planning

Welcome back to the Lumsden Law Firm Podcast — where we make Florida law easier to understand, one episode at a time. In today’s episode, we’re exploring “Rights of Survivorship” in property ownership and how it plays a key role in your estate planning strategy.

If you co-own property in Florida — with a spouse, family member, or business partner — understanding how your ownership is legally structured can make a huge difference in what happens after one owner passes away.

Host [Attorney’s Name] breaks down the major types of property ownership in Florida:

• Joint Tenancy with Right of Survivorship (JTWROS)

• Tenancy by the Entirety (for married couples only)

• Tenancy in Common (which doesn’t include survivorship)

We’ll look at how each affects your estate — from bypassing probate to potential tax consequences — and when you might want to consider alternatives like a revocable living trust for more control.

Here’s what you’ll learn in this episode:

• How rights of survivorship work in Florida real estate

• The key differences between JTWROS, Tenancy by the Entirety, and Tenancy in Common

• Pros and cons of using survivorship as an estate planning tool

• Situations where a revocable living trust might be the better option

• How to choose the right ownership structure for your goals

Whether you’re buying a home with a loved one or reviewing your estate plan, this episode will give you clarity and confidence.

FAQs

Q1: What does “Right of Survivorship” mean in Florida?
A1: It means that when one co-owner of a property passes away, their share automatically transfers to the surviving co-owner(s), skipping probate.

Q2: What’s the difference between Joint Tenancy and Tenancy in Common?
A2: Joint Tenancy includes rights of survivorship — Tenancy in Common does not. With Tenancy in Common, each owner’s share goes to their estate, not the other owners.

Q3: Are there downsides to rights of survivorship?
A3: Yes. Survivorship can override your estate plan and trigger unexpected tax consequences. That’s why trusts are often a safer, more flexible alternative.