One of the most commonly asked questions, but sometimes one of the most complicated to answer. If you have this question, you need to speak with your attorney. Florida has several homestead protections. You cannot override Florida homestead protections in your Will or Trust. Spouses and children have rights that need to be considered in estate planning. Additional considerations need to be taken for out of State and foreign heirs and beneficiaries. Failing to plan for “who gets the house” will almost certainly result in additional time and expense for your loved ones after you pass.

-Emily A. Helmick, Esq.