Taxation & Estate Planning

SUMMARY TABLE - RESTRICTIONS ON TRANSFER OF FLORIDA HOMESTEAD PROPERTY

By Charles Rubin

Most Florida attorneys will tell you that the homestead laws of Florida are a challenge to understand and apply. One important aspect of homestead law are the limits on who homestead property can be transferred to, both during lifetime and at death - when spouses and lineal descendants exist, these limits can apply. An invalid transfer can result in unexpected consequences, including the eventual passage of the property to persons that may not have been intended to receive it.

To make matters slightly easier for those with issues in this area, I am posting a summary table that details the restrictions on transfers on Florida homestead property, both during lifetime and at death. These restrictions arise both under the Florida Constitution and statutory law. A permanent link to the table is also being placed in the links in the right column of this blog.

There are other aspects of homestead not addressed in the table, including the definition of homestead property, creditor protection aspects, and ad valorem tax aspects.

Full post as published by Rubin on Tax on November 11, 2007 (boomark / email).