Question 1

What makes Florida homestead rules different from other states?

Accepted Answer

Florida's homestead protection under Article X of the state constitution is unusually powerful — it shields the primary residence from forced sale by most creditors, caps annual assessment increases, and provides property tax exemptions. But it also restricts how you can devise the home if you have a spouse or minor children. You cannot freely leave the property to anyone other than an eligible heir if those parties exist. A Florida estate planning attorney must account for these restrictions when drafting a will or trust, because a document that works in Georgia may be legally unenforceable in Florida on this single point.

Question 2

What is a Lady Bird deed and why is it popular in Florida?

Accepted Answer

A Lady Bird deed — formally an enhanced life estate deed — lets a Florida homeowner transfer property to named beneficiaries at death while retaining the right to sell, mortgage, or revoke the deed during their lifetime. No beneficiary consent is required for any transaction during the owner's life. At death, the property transfers automatically outside probate. Florida does not require Medicaid repayment against Lady Bird deed transfers in the same way as standard life estate deeds, making them a common Medicaid planning tool. They are relatively inexpensive to prepare and record in Seminole County.

Question 3

How does a revocable living trust help avoid Florida probate?

Accepted Answer

Assets held inside a properly funded revocable trust do not pass through the Florida probate court system at death. Florida probate, while not the most expensive in the nation, can take six months to two years depending on the estate's complexity and whether creditors are involved. For Sanlando Springs homeowners whose estates include real property, investment accounts, and personal property, a trust allows a named successor trustee to distribute those assets quickly and privately. The trust must actually be funded — the home's deed retitled, accounts re-registered — or it accomplishes nothing.

Question 4

Do I need to update my estate plan after moving to Florida from another state?

Accepted Answer

Yes. While Florida will generally honor a will validly executed under another state's law, the document may not reflect Florida-specific options that could benefit you: homestead treatment, Florida's intestacy statutes, or state-level tax considerations. More critically, any power of attorney drafted outside Florida should be replaced with a Florida Durable Power of Attorney that complies with Chapter 709 of the Florida Statutes. Healthcare surrogates and living wills should also be redrafted to align with Florida's healthcare advance directive law, Chapter 765.

Question 5

What is the difference between a will and a trust for a Sanlando Springs homeowner?

Accepted Answer

A will directs how assets are distributed but must pass through Florida probate court before those directions are carried out — a public, potentially slow process. A revocable living trust holds title to assets during your lifetime and distributes them at death without court involvement. For a Sanlando Springs homeowner with a paid-off or nearly paid-off house, retirement accounts, and possibly a small investment portfolio, the trust often makes more practical sense for the real property, while retirement accounts and life insurance can pass by beneficiary designation entirely outside both will and trust. An attorney can map the right instrument to each asset.

Estate Planning Attorneys in Sanlando Springs, Altamonte Springs

Vetted Estate Planning Attorneys Serving Sanlando Springs

Karen Estry, P.A.

Law Office of Cynthia E. McGee, P.A.

Estate Planning & Legacy Law Center, PLC

Murphy & Berglund, PLLC

About Sanlando Springs

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