Florida Homestead Exemption Law
Our Estate Planning and Tax lawyers have considerable experience in dealing with Florida homestead exemption laws. We assist clients in obtaining Florida homestead tax benefits, securing Florida homestead creditor protections and planning around Florida homestead transfer restrictions.
Unfortunately, most individuals, including most non-Florida attorneys and advisors, know little about Florida homestead exemptions. For example, when a homestead owner dies survived by a spouse or a minor child, an owner’s attempted bequest of the property (other than an outright bequest to the surviving spouse if there is no minor child) will be deemed invalid and the law will step in to establish the new title to the property. These unique Florida homestead restrictions are intended to provide protection for Florida residents by ensuring that the homestead owner cannot disinherit his or her dependents. However, in practice, these rules often lead to unintended or unfavorable consequences for the family members, and can actually undermine legitimate estate tax or other trust planning efforts that are important to family members.