Your Home Is More Than Just a House. It’s Your Legacy
For most Floridians, their home is the most valuable asset they own—financially, emotionally, and generationally. But without the right estate planning tools in place, that home could become tangled in probate, exposed to creditor claims, or unintentionally withheld from the people you love most.
At Lumsden Law, we help clients across Central Florida secure their homes using customized estate plans, including trusts and Florida’s strong homestead protections. Whether you’re trying to avoid probate or protect your property from future liabilities, understanding how Florida law applies to your home is a key part of preserving your legacy.
What Happens to a Home When the Owner Passes Away?
If a Florida homeowner dies without a trust, beneficiary designation, or joint ownership arrangement in place, the home typically passes through probate—a court-supervised legal process that can take months (or even years).
While Florida’s homestead laws offer powerful protections against creditors, those protections don’t always prevent probate. That’s where strategic planning—particularly trust-based planning—comes in.
What Is the Florida Homestead Exemption?
Florida law grants a homestead exemption to your primary residence. This exemption does several things:
- Reduces your property taxes
- Protects the home from most creditor claims
- Ensures surviving family members—especially spouses and minor children—retain property rights
But there’s a catch: These benefits mostly apply while you’re living. After death, probate can still apply unless you proactively plan.
Trusts: The Key to Avoiding Probate on Your Home
One of the most effective ways to keep your Florida home out of probate is by placing it into a revocable living trust.
Here’s how it works:
- You create a trust and name yourself as trustee.
- You transfer your home title into the trust (this is often done via a deed).
- When you pass away, your successor trustee distributes the property to your named beneficiaries—without court involvement.
Benefits of a Trust for Real Estate:
- Avoids probate
- Provides a smooth transfer of ownership
- Protects privacy (no public record of your estate)
- Allows for management if you become incapacitated
- Lets you control who inherits your home—and how
What About Creditors?
Florida’s homestead protection is one of the strongest in the country. While you’re alive and residing in your home, it’s generally shielded from most unsecured creditors.
However, protection can be lost if:
- You rent out your home and it no longer qualifies as a homestead.
- Your estate plan transfers the home in a way that violates the rules of Florida’s homestead laws.
- Your home passes through probate and you owe debts that aren’t otherwise protected.
A properly structured trust can help you preserve both probate avoidance and creditor protection—but only if executed correctly.
Can Creditors Take a Home in a Trust?
In most cases, a revocable trust provides no creditor protection for you, the grantor, while you’re living. That’s because you still control the assets and can revoke the trust at any time.
However, once you pass and the trust becomes irrevocable, creditors of your beneficiaries may have a much harder time reaching those assets—especially if the trust includes spendthrift provisions.
If creditor protection is a priority, our team at Lumsden Law may recommend additional tools, such as:
- Irrevocable trusts
- Homestead protections
- Enhanced life estate deeds (Lady Bird deeds)
What Is a Lady Bird Deed?
An enhanced life estate deed, also known as a Lady Bird deed, is a simple and effective way to:
- Retain control of your home while alive
- Name beneficiaries who will automatically inherit it at death
- Avoid probate
It’s a great option for clients who want flexibility without the complexity of a trust—though it’s not right for everyone. If you have a blended family, creditor concerns, or complex wishes, a trust might still be the better tool.
Common Misconceptions
❌ “My Will Covers My Home.”
Not completely. A will must go through probate to be enforced. That means delays, court costs, and public access to your private affairs.
❌ “Creditors Can’t Touch My Home After I Die.”
Only partially true. Florida law protects homestead properties, but mistakes in your estate plan—like naming your estate as the beneficiary—can make your home vulnerable.
❌ “Only the wealthy need trusts.”
Absolutely false. Trusts are essential tools for any Florida homeowner who wants to avoid probate and control what happens to their property after death.
Call to Action
Don’t leave your home’s future up to chance—or the court system. Whether you’re just starting to think about estate planning or need to update your plan to reflect changes in your life, Lumsden Law can help.
🏠 Protect your home from probate and creditors today
📞 Call us for a personalized estate consultation
🌐 Visit lumsdenlawfirm.com to get started
We serve Winter Park, Orlando, and surrounding areas with compassionate, expert estate planning guidance.
FAQs:
1. What happens to my Florida home if I die without a trust or will?
If you pass away without a trust, beneficiary designation, or joint ownership in place, your home will likely go through probate—a lengthy and public legal process. Even with a will, probate is still required in Florida.
2. Can I avoid probate on my home in Florida?
Yes. One of the most effective ways to avoid probate on your home is by placing it into a revocable living trust or using tools like a Lady Bird deed. These options ensure a smooth transfer to your beneficiaries without court involvement.
3. Is my Florida home protected from creditors after I die?
Not always. While Florida’s homestead law protects your primary residence from most creditors during your lifetime, this protection can be lost during probate or due to poor estate planning. A trust or Lady Bird deed can help preserve protection.
4. Do I need a trust if I already have a will?
Yes, if you want to avoid probate and ensure privacy and efficiency in passing on your home. A will alone requires probate, while a trust allows direct transfer to beneficiaries without court delays or added costs.
