Episode 6: Florida Homestead Exemption & Living Trusts — What Homeowners Need to Know
Welcome back to the Lumsden LawCast, where Attorney Eve Lumsden breaks down complex Florida property and estate laws into clear, practical guidance. In today’s episode, we’re tackling a common — and costly — concern for Florida homeowners: Will placing my home in a living trust cause me to lose my homestead exemption?
The short answer is no — if it’s done correctly.
Florida’s homestead exemption offers valuable property tax savings, and many homeowners worry that transferring their primary residence into a trust could jeopardize those benefits. In this episode, Attorney Eve explains how revocable living trusts can preserve homestead protections — as long as the legal requirements are met.
Here’s what you’ll learn in this episode:
How Florida’s homestead exemption works
Why revocable living trusts are typically the safest option for homeowners
The importance of occupancy and permanent residency
What “equitable title” means — and why it matters
How trust language must be drafted to preserve homestead rights
What documentation county property appraisers may require
Common mistakes that can lead to the loss of tax exemptions
Attorney Eve also walks through the application process, including submitting trust documents, proof of residency, and working with your local property appraiser to ensure your exemption remains intact.
FAQs
Q1: Can I keep my homestead exemption if my home is in a living trust?
A1: Yes — provided the trust is properly drafted and you retain the right to live in and control the property as your permanent residence.
Q2: Does the type of trust matter?
A2: Yes. Revocable living trusts are generally the best option for maintaining homestead benefits. Irrevocable trusts can create complications if not structured carefully.
Q3: What happens if my trust language isn’t correct?
A3: Improper language can result in denial of the homestead exemption and higher property taxes — which is why legal guidance is critical.
Tune in to learn how to protect both your estate plan and your property tax savings — without unintended consequences.