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Property, probate & business

Is your house haunted by a bad plan?

By Marty Elberg · 2 min read

Tonight the neighborhood kids will knock on your door looking for candy. Fine. What I worry about is who knocks on that same door after you're gone, holding a deed and a confused look.

Your house is probably your biggest asset, and Florida has some very spooky rules about it. If you're married or have a minor child, Florida limits who you can leave your homestead to in your Will. Plenty of people "leave the house to the kids" in a Will, never knowing the law may simply ignore that sentence. The result? Your spouse and your children can end up as co-owners of the same house, whether they get along or not. That's not a haunted house. That's a horror movie.

The good news: there are ways to plan around it, but only if you do it while you're still around to sign.

Action plan

  • Find your deed and look at exactly how the house is titled. Just you? You and your spouse? A trust?
  • If you've remarried, have kids from a prior relationship, or wrote "the house goes to…" in your Will, call me. This is the #1 homestead surprise I see in probate.
  • Book a free planning call