Homestead Law in Florida: How It Affects Your Estate Plan

Florida’s homestead law is one of the most powerful legal protections available to homeowners—but it can also complicate your estate plan if not properly understood and addressed. Under the Florida Constitution, a person’s primary residence (or “homestead”) is granted special status that offers protection from forced sale by creditors, provides tax advantages, and imposes restrictions on how the property can be transferred at death. For example, if you’re married and have minor children, you cannot simply leave your homestead to someone else in your will; the law gives surviving spouses and children specific rights that override your intentions unless proper planning is done. Even if you have a revocable living trust or a will that attempts to leave the homestead to someone other than your spouse or children, Florida law may invalidate those instructions. Additionally, the way you title your homestead—whether in your individual name, jointly, or in a trust—can affect whether it receives creditor protection or passes outside of probate. If not handled correctly, these rules can lead to unintended consequences, family disputes, or even court battles. To ensure your estate plan aligns with Florida’s homestead laws, it’s essential to work with an attorney who understands the nuances and can guide you in structuring your plan to honor both your wishes and the law. At The Warnock Law Group, we help Florida residents navigate these complex issues so their legacy—and their loved ones—are fully protected.

For a free consultation regarding Estate Planning or for further help with the process please contact us at:

(239) 437-1197

6843 Porto Fino Cir,

Fort Myers, FL 33912, USA

law@warnocklawgroup.com

Homestead Law in Florida