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Can You Claim Homestead on a Florida Property Held in a Land Trust? (2026 Update)

One of the most common questions I receive from homeowners and real estate investors is whether placing property into a land trust will cause them to lose their Florida homestead exemption. The short answer is: No, not if done correctly.  Under Florida law, a homeowner may still qualify for the homestead tax exemption even if title to the property is held in a land trust, provided certain requirements are met. Because homestead protections can significantly reduce property taxes and provide important legal protections, understanding how trusts and homestead rights work together is critical before transferring your property. What Is a Land Trust? A land trust is a legal arrangement in which a trustee holds legal title to real property for the benefit of one or more beneficiaries. Land trusts are commonly used for: Privacy Estate planning Asset management Simplified transfers of beneficial interests Certain investment strategies While the trustee appears in the public records as the ...
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Will vs Trust in Florida: What’s the Difference and Which One Do You Actually Need?

 One of the most common questions Florida homeowners ask is whether they need a will or a trust. The answer is: it depends on what you own, how your assets are titled, and what you want to happen when you pass away. But there are some very clear differences between a will and a trust that every homeowner should understand; especially if you own real estate in Florida. What Is a Will in Florida? A will (also called a “last will and testament”) is a legal document that states how you want your assets distributed after your death. A will typically covers: Who inherits your property Who will be in charge of your estate (personal representative) Who will care for minor children, if applicable Instructions for distribution of assets However, a will does  not  avoid probate. In fact, in Florida, a will almost certainly guarantees your estate will be subject to court probate proceedings before assets can be distributed. That means: Court involvement Legal filings Delays before pr...
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The Most Expensive Estate Planning Mistake Florida Homeowners Make

For most Florida families, their home is their largest asset so they  spend years protecting that investment while overlooking a simple question: What happens to the house if something happens to you? The most expensive estate planning mistake Florida homeowners make is not creating an estate plan at all because they mistakenly believe estate planning is only for the extremely wealthy.  I find that many also assume their spouse, children, or other family members will automatically inherit their property and be able to handle everything without difficulty. Unfortunately, that is often not how things work. When a homeowner dies without a will, trust, or other estate planning documents, surviving family members can face delays, expenses, court involvement, and uncertainty at a time when they are already dealing with a loss. Having an estate plan in place creates peace of mind, can.  provide substantial tax benefits to your heirs and reduces interfamilial conflict because eve...
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Do You Need an Attorney for a FSBO Sale in Florida?

  Do You Need an Attorney for a FSBO Sale in Florida? Selling your home without a real estate agent, commonly referred to as “For Sale By Owner” or FSBO, is similar to what we call "pro se" in the legal world and is absolutely allowed. Whether it is the right choice for you requires the consideration of multiple factors. Many sellers choose this route to net more seller process by avoiding paying agent commissions. But once you move past listing the property and start receiving offers, the legal side of the transaction becomes very real, very quickly. So, is an attorney required? In Florida, the answer is, no. There is no legal requirement that you hire an attorney to sell your home. The better question is whether you should. Where FSBO Sales Start to Break Down Most FSBO sellers don’t run into issues landmines when. marketing their home. Instead, they run into problems once a buyer is ready to move forward. Common issues include: Contracts that don’t clearly reflect the agre...
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Land Trusts as a Due-on-Sale Workaround? STILL a No from Me. Let’s Talk Lease Options Instead.

  By Hope Richards, the anti-attorney attorney Richards Law, PA Hope@RichardsLawPA.com Let’s revisit an oldie but a goodie and I wrote about way back in 2016 - the myth that putting property into a land trust magically keeps lenders from noticing that you sold a house without paying them their money back. Spoiler: it doesn’t. Not then, not now, not even with a fancy Latin phrase like inter vivos in your back pocket. If you missed my first blog on this topic, here’s the Cliff’s Notes version: Transferring property into a land trust does not make you invisible to the bank. The Garn–St. Germain Act has a narrow exception that gets twisted more than a soap opera plot. You’d need the borrower to still live in the property and remain a beneficiary. Show me a Subject-To investor that’s keeping the seller as both owner and roommate, and I’ll show you an HGTV episode I’d actually watch. Now, here’s where the sleight of hand gets dangerous: it’s not just the strategy that’s flawed— it...
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Can a Short Sale Save You From Foreclosure? Yes, But…

 Short sales are often seen as the lesser of two evils when compared to foreclosure—and for many struggling homeowners, that’s true. A properly executed short sale can help you avoid the hit to your credit and dignity that comes with a foreclosure, while also giving you more control over the process. But it’s not a magic fix—and it’s not for everyone. One of the biggest legal pitfalls in short sales is the timing. Many homeowners wait too long to act, assuming the lender won’t approve the sale or thinking foreclosure isn’t imminent. But once a foreclosure lawsuit is filed, the clock starts ticking fast. You need someone who understands the procedural deadlines and can jump into action. Even better? You need someone before that lawsuit ever hits your doorstep. We work with clients to explore all their options, including loan modifications, bankruptcy protection, and strategic negotiation with lenders. If a short sale makes the most sense, we manage the legal complexities so you do...
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Short Sales, Long Game: How to Protect Yourself Legally

       When homeowners are underwater on their mortgage and out of options, a short sale can feel like the emergency exit door. But just because the bank agrees to take less than what's owed doesn’t mean it’s smooth sailing. From potential deficiency judgments to credit consequences and tax surprises, there’s more to it than signing away the deed. As real estate attorneys, we help you navigate the fine print, negotiate with lenders, and make sure your “short” sale doesn’t come with long-term regret.      Short sales are complex negotiations that involve your mortgage lender, a potential buyer, and often a whole cast of supporting characters like junior lienholders, HOAs, or judgment creditors. If just one of them doesn’t approve the deal, the whole thing can fall apart. We step in early to identify these roadblocks and help resolve them—before you get too far down the road. Our goal is to make the process as clean and favorable for you as possible. ...
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