By Lumsden Law | Orlando Estate Planning & Asset Protection Attorneys
They may not wear capes or hide in the shadows, but creditors can drain your estate faster than any vampire. In Florida, one of the strongest shields against these “estate-draining monsters” is the homestead protection law — a powerful provision in Estate Planning in Florida that protects your primary residence from most creditors, probate costs, and forced sale.
But like any good ghost story, there’s a twist: this protection only works if your estate is structured correctly.
At Lumsden Law, we help homeowners understand and maximize Florida’s homestead protection laws so that your home stays in your family — and not in the hands of creditors or the court.
What Is Florida’s Homestead Protection?
Under Article X, Section 4 of the Florida Constitution, your primary residence — your “homestead” — is shielded from most creditors.
That means your home cannot be taken or sold to satisfy debts, with a few exceptions like property taxes, mortgages, or construction liens.
For many Floridians, this protection is one of the most valuable legal rights they have. It ensures that families can remain in their homes even when facing financial hardship or after the homeowner’s death.
The Catch: Homestead Rules Are Specific
Homestead protection sounds simple — but to work properly, certain conditions must be met.
- It must be your primary residence. Vacation homes or investment properties do not qualify.
- You must be a Florida resident. This protection is exclusive to legal residents.
- The property must fall within size limits. Up to half an acre within a city, or up to 160 acres outside city limits.
Failure to meet these conditions — or incorrect titling — can weaken your home’s protection and expose it to creditor claims.
How Homestead Affects Probate
When you pass away, your homestead doesn’t go through the same probate process as your other assets. Instead, it passes directly to your heirs — usually your spouse or children.
This means your family can stay in the home without fear of it being sold to satisfy most debts.
However, if your will is unclear or your home isn’t properly titled, your heirs may have to fight in court to claim that protection — draining both time and money.
That’s why ensuring your homestead is correctly designated in your estate plan is crucial.
The “Vampire” Mistakes That Drain Protection
Here are some of the most common homestead planning errors we see:
- Improper titling: Joint ownership or titling in an LLC can void protection.
- Leaving the property out of the trust: If your home isn’t titled correctly when you establish a trust, creditors may still have access.
- Outdated wills: Changes in family structure (like remarriage or divorce) can disrupt who inherits the home.
- Failing to declare the homestead exemption: Not filing the official declaration with your county appraiser can limit your legal protection and tax savings.
These are all avoidable — with the right legal guidance.
Protecting Your Family, Not Just Your Home
Homestead protection is powerful, but it’s just one piece of a larger estate plan. A comprehensive strategy should also include:
- A will or trust to define who inherits your home.
- A durable power of attorney to manage property decisions if you’re incapacitated.
- A living trust to ensure your property passes smoothly without probate delays.
At Lumsden Law, we integrate homestead planning with your full estate strategy to ensure that your home — and your legacy — remain secure.
Don’t Wait Until the Witching Hour
Estate planning isn’t just for the wealthy — it’s for anyone who wants control over their future.
Protect your most valuable asset now, before a financial “vampire” comes knocking.
Call to Action
Don’t let creditor claims suck the life out of your estate.
Shield your home from the unexpected — schedule your consultation with Lumsden Law today.
FAQs – Florida Homestead Protection
1. What qualifies as a homestead property in Florida?
A homestead property in Florida is your primary, permanent residence. Vacation homes, rental properties, or investment real estate do not qualify for homestead protection.
2. Can creditors ever claim my homestead in Florida?
Most creditors cannot touch your homestead. However, exceptions exist for debts like property taxes, mortgages, homeowners’ association fees, and contractor liens.
3. How does Florida’s homestead law affect probate?
Homestead property generally bypasses probate and transfers directly to your surviving spouse or heirs, ensuring your family keeps the home without creditor interference.
4. Why should I include homestead planning in my estate plan?
Including your homestead in your Estate Planning in Florida ensures proper titling, maximizes legal protections, and prevents costly mistakes that could expose your home to creditors.
