Homestead Trust Information
A homestead trust is often used as part of estate planning to combine the benefits of Florida’s homestead protections with the flexibility of a living trust. By placing the home into a trust, the owner can retain the right to live in the property for life while naming beneficiaries who will automatically receive ownership after death. This avoids the delays and costs associated with probate. Proper drafting is essential to preserve the constitutional homestead tax exemption and protection from creditors. Florida law allows a homestead to be owned by a revocable trust if structured correctly.
Florida Legal Definition
Under Florida law, a homestead held in a properly structured revocable trust retains the protections afforded by Article X, Section 4 of the Florida Constitution. This means the property remains exempt from forced sale by most creditors and continues to qualify for homestead tax benefits. Florida courts have confirmed that a homestead placed in a revocable trust, where the settlor retains beneficial ownership and occupancy, is still considered a homestead for constitutional and statutory purposes. However, errors in the trust language can jeopardize these protections, so careful drafting and compliance with Florida trust statutes (Chapter 736, Florida Statutes) are critical.
How It’s Used in Practice
In practice, a homestead trust is commonly used by Florida homeowners seeking to simplify estate transfers and safeguard their property. Attorneys often prepare a revocable living trust naming the homeowner as trustee and beneficiary during life, with successors designated for after death. This structure keeps ownership private, bypasses probate, and maintains creditor and tax protections. It’s frequently used by married couples and retirees who want seamless transition of property to heirs. Title companies and estate planners also review such trusts to confirm they comply with homestead preservation rules.
Key Takeaways
- A homestead trust holds a person’s primary residence within a revocable trust for estate planning purposes.
- It allows the homeowner to retain homestead tax and creditor protections under Florida law.
- Transfers property to beneficiaries automatically upon death, avoiding probate.
- Must be carefully drafted to comply with Florida’s homestead and trust laws.
- Commonly used by homeowners seeking privacy, efficiency, and asset protection in estate planning.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
Real Estate Attorneys
Business Attorneys
Litigation Attorneys
Inheritance Attorney
Inheritance Disputes
Estate Planning Attorneys
Inheritance Attorney
Probate Attorney
Probate & Trusts
Bradenton Probate Attorney
Sarasota Probate Attorney
Estate Planning Attorney
Contact Information:
Tel: 941-867-7818
Email: info@barneswalker.com
LinkedIn | Facebook | Instagram | YouTube | Reddit | X/Twitter
Trust • Experience • Results
Get started with Barnes Walker today.
Bradenton Office
3119 Manatee Avenue West
Bradenton, Florida 34205
Anna Maria Island Office
5203 Gulf Drive
Holmes Beach, Florida 34217
Sarasota – Ringling Office
1776 Ringling Boulevard
Sarasota, Florida 34236
Lakewood Ranch Office
9020 58th Drive East,
Suite 103
Bradenton, Florida 34202
Parrish Office
8405 U.S. Hwy 301 North
Suite 103
Parrish, Florida 34219
Barnes Walker, Goethe, Perron, Shea, Johnson & Robinson, PLLC is located in Bradenton, FL and serves clients through all of Florida and concentrated in and around Palmetto, Bradenton, Ellenton, Tallevast, Longboat Key, Sarasota, Terra Ceia, Parrish, Cortez, Myakka City, Bradenton Beach, Holmes Beach, Ruskin, Anna Maria, Sun City Center, Osprey, North Port, Wimauma, Venice, Laurel, Nokomis, Hillsborough County, Manatee County, Pinellas County and Sarasota County.
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. See our profiles at Lawyers.com and Martindale.com
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE
THIS IS TO GIVE YOU NOTICE that Barnes Walker Title, Inc. is a separate entity from Barnes Walker, Goethe, Perron, Shea, Johnson & Robinson, PLLC (“BWGPSJR). However, BWGPSJR has a business relationship with Barnes Walker Title, Inc. Barnes Walker Title, Inc. is wholly owned in equal shares by two of the three principals of BWGPSJR, Garret T. Barnes and Adron H. Walker. As such it is not uncommon for BWGPSR to refer clients to Barnes Walker Title, Inc. Because of this relationship, any such referral will provide a financial or other benefit to those principals of BWGPSR.
Pursuant to 12 C.F.R. § 1024.15(b)(2) (2021), as a client of BWGPSR, you may be referred to Barnes Walker Title, Inc. for the issuance of a title insurance policy and other settlement services as part of BWGPSJR’s representation of you in connection with the settlement of your loan on, or the sale, purchase, or refinance of, your property.
THERE ARE FREQUENTLY OTHER TITLE INSURANCE AND SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
By using this website, you indicate that you have read the above Disclosures, and understand the business relationship between the separate entities Barnes Walker, Goethe, Perron, Shea & Johnson, Robinson, PLLC and Barnes Walker Title, Inc. and that the stated principals of BWGPSJR and Barnes Walker Title, Inc. may receive a financial or other benefit as the result of the referrals stemming from this business relationship.
© 1995- 2025 • Barnes Walker • All Rights Reserved • Directory • Site Map • Protected by PsyberEdge Strategies
Convenient offices throughout Sarasota and Manatee County, see our maps and directions to find the one nearest you.