How to Protect Your Vacation Home in Florida Through Estate Planning

Owning a vacation home in Florida is more than just an investment—it’s a place where memories are made and legacies are built. Whether your beach house is your winter retreat or a family gathering spot each summer, protecting it through thoughtful estate planning is essential to ensure it stays in the family, avoids unnecessary taxes or legal complications, and aligns with your long-term wishes.

The first step in protecting your Florida vacation home is determining how the property is titled. If it's owned in your individual name, it will likely go through probate when you pass away, potentially delaying access for your loved ones and creating unnecessary legal costs. Instead, consider retitling the property into a revocable living trust, which allows you to maintain control during your lifetime while ensuring a seamless transition to your chosen beneficiaries after your death. A trust also helps avoid probate, maintains privacy, and provides clear instructions for the home's future use or transfer.

Another option to explore is placing the vacation home into a Limited Liability Company (LLC), especially if multiple family members are involved. An LLC can protect the property from liability exposure and provide a structured way to manage expenses, usage, and decision-making. Through an operating agreement, you can outline who gets to use the home and when, how maintenance is handled, and what happens if someone wants to sell their interest. This can prevent future disputes and preserve family harmony.

If your goal is to pass the home down to your children or grandchildren, it's important to think about gift and estate tax planning as well. You may consider gradual gifting of interest in the home, using annual exclusions or creating a Qualified Personal Residence Trust (QPRT) for long-term tax efficiency. And don’t forget about Florida’s homestead laws—if the vacation home becomes your primary residence, different rules apply regarding creditor protection and restrictions on devising the property at death.

Lastly, communication is key. Make sure your family understands your intentions for the property. Whether your goal is to keep it in the family for generations or to have it sold and the proceeds divided, putting those wishes in writing ensures clarity and minimizes confusion.

At The Warnock Law Group, we help clients throughout Florida craft estate plans that reflect their values and protect their most cherished assets—including their vacation homes. Whether your second home is a cozy cabin or a beachfront retreat, we’ll help you structure your plan to ensure it brings joy for years to come.

Ready to secure your Florida getaway for the future? Contact us today to start the conversation and protect your legacy.

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