Estate Planning Attorney Eagles Nest: Wills and Trusts Built Around Your Windermere Home

Take a hypothetical case. Say a will leaves the house to one adult child, and the owner’s spouse is still living. That gift may not work the way the will says, because the homestead rules can override it. A plan that looks simple on paper can fail at the moment your family needs it most.

Title comes first. How your deed is held changes what happens when you die. The common setups are:

• In your sole name
• Jointly with your spouse
• In a trust

Each one passes the home in a different way. That’s why it helps to review your deed before anything is drafted. A will can’t fix a title problem it doesn’t know about.

Taxes matter too. Many Florida homeowners claim the Florida homestead property tax exemption, and a good plan keeps that exemption in place. Moving the home the wrong way could put the exemption at risk, so it helps to look at the tax side and the inheritance side together.

It also helps to know which court would handle the estate. If a homeowner in the area who lived in the home passes away and the home goes through probate, the case is generally handled in Orange County. Knowing how that court works can save your heirs time and confusion.

Where you keep the signed originals matters too. Store them somewhere safe, and tell a trusted person where they are. An original will that no one can find, or one that gets damaged, can cause real trouble later.

Here’s another hypothetical to show why this matters. A couple in the neighborhood wants the house to go to a child from an earlier marriage. That goal is possible in some cases, but it takes careful planning, and sometimes a spousal waiver. Florida allows a spouse to waive homestead rights in writing, often as part of a prenuptial or postnuptial agreement (a contract signed before or after marriage). Without a valid waiver, the spouse’s rights may control what happens to the home.

A will also has to be signed the right way. Florida wills need two witnesses. Adding a self-proving affidavit, which is a sworn statement signed in front of a notary, can make probate smoother later. With it, the court usually doesn’t need to track down your witnesses.

What to bring to your first meeting:

• A copy of your deed
• Your current will, if you have one
• The names of everyone you want to include

For any owner with a blended family, a homestead review is a good first step. A review of your deed and family situation can show where the rules may affect your wishes.

This is the step many people miss. The trust only helps if your house is actually deeded into it. A signed trust with the home still in your own name may leave your family facing probate anyway. Funding the trust means preparing a new deed that moves the home from your name into the trust, then recording that deed with Orange County. Once it’s recorded, the trust holds title to the house.

Your tax exemption needs attention here. A properly drafted trust can usually keep the Florida homestead tax exemption, but the wording matters, so the trust should be written with that exemption in mind.

You’ll also name a successor trustee. This is the person who steps in to manage or sell the Windermere home if you can’t. Choose someone you trust to handle money and paperwork with care.

A trust doesn’t cover every decision. Pair it with incapacity papers:

• A durable power of attorney, which lets someone handle your financial matters if you can’t
• A healthcare surrogate designation, which names someone to make medical decisions for you

A trust isn’t the only option. Florida also recognizes an enhanced life estate deed, often called a lady bird deed, which may fit some homeowners. It’s worth comparing it with a trust and weighing the tradeoffs for your situation.

There are two main paths: summary administration for some smaller estates, and formal administration for others. Which path fits depends on the estate, starting with its size.

Homestead can come up in probate too. The court may decide whether the home is protected homestead, and that decision affects creditors and who inherits the house.

Some owners live elsewhere. If the owner lived in another state but owned the Windermere home, ancillary probate in Florida may be needed. Ancillary probate is a second, smaller case in the state where the property sits.

First steps for heirs:

• Find the original will.
• Secure the house.
• Collect the mail.
• Call an attorney before selling or moving anything.

If a decision about the house can’t wait, talk with an attorney about the next steps before you act.