Homestead Planning Lawyer in Florida
Protecting the home that protects your family
Florida’s homestead laws provide unique protections for homeowners, but they also come with strict rules that can affect how property is passed on. At Berg Bryant Elder Law Group, we help families use these protections wisely, ensuring a home remains a shield for loved ones rather than a source of legal conflict. Our attorneys craft homestead plans that align with your estate goals and preserve one of your most valuable assets.
Homestead planning in Florida means much more than just filling out a form for tax breaks. It’s a legal strategy that touches your taxes, protects your home from debt collectors, and controls what happens to your house after you’re gone. But as your homestead planning lawyer in Florida, we support you through it all.
At Berg Bryant Elder Law Group, we help Florida homeowners set up proper homestead protections that follow the law while meeting your family’s needs. Our team knows the ins and outs of these rules and how to avoid the hidden pitfalls that many homeowners miss.
Homestead planning is the process of legally setting up your primary home to benefit from Florida’s special homestead laws while avoiding the hidden traps in these rules. It combines legal documents, tax filings, and ownership strategies to keep your home safe both during your life and after your death.
Florida homestead planning addresses three major areas:
The right planning means keeping all these benefits working together without one canceling out another. Many homeowners miss out because they don’t know all the rules or file the wrong paperwork.
Florida’s Constitution gives homeowners powerful protection against creditors. This means:
However, this protection doesn’t cover:
To qualify for homestead protection in Florida, your property must be:
Working with our elder law attorneys can help ensure you’ve properly established your homestead status and haven’t accidentally voided these valuable protections.
The tax breaks from homestead status are one of the biggest reasons Florida homeowners should file for this protection. These savings add up year after year:
The Florida homestead tax exemption:
To claim this exemption, you must:
These tax benefits can be transferred when buying a new home through Florida’s “Save Our Homes” portability provision.
This is where homestead planning gets tricky. Florida law restricts how homestead property can be passed to heirs if you have a spouse or minor children.
If you’re married or have children under 18, you cannot freely give away your homestead in your will or trust without following specific rules. Breaking these rules can lead to:
Proper homestead planning as part of your estate plan ensures your home goes to the people you choose while following Florida’s strict laws about spouse and child protection.
Duval County
Clay County
St. Johns County
There are several legal tools that can help you protect your Florida homestead and ensure it passes according to your wishes:
A Lady Bird deed allows you to:
This tool works well for many Florida residents because it balances control with efficient transfer.
Certain trusts can own Florida homestead property while maintaining protections, but they must be carefully drafted. An irrevocable trust might protect assets from nursing home costs, while a revocable trust offers different benefits.
In some cases, spouses can waive their homestead rights through proper legal agreements, giving you more flexibility in your estate plan.
For married couples, joint ownership strategies can maximize both protection and inheritance options.
The right homestead planning solution depends on your full financial picture, family situation, and goals. Our attorneys can help you pick the strategy that best fits your needs while avoiding costly pitfalls.
Florida homestead law is complex and constantly evolving through court decisions. Working with an attorney who focuses on this area helps you:
At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys have helped Northeast Florida families protect their homes and plan for the future.
Your home is likely your most valuable asset—both financially and emotionally. Proper homestead planning ensures it remains protected during your lifetime and passes smoothly to your loved ones.
Contact our team at Berg Bryant Elder Law Group today to discuss how we can help you develop a comprehensive homestead plan that protects what matters most.
No. You can only claim homestead status on your primary residence. Attempting to claim multiple homesteads is considered fraud and can result in penalties.
You can maintain your homestead status even if you temporarily move to a nursing home, as long as you intend to return and don’t establish a new permanent residence elsewhere.
Yes, mobile homes can qualify for homestead protection if you own both the mobile home and the land it sits on. If you rent the lot, different rules apply.
If you have no spouse or minor children, you have more freedom to direct who receives your homestead property. However, proper planning is still important to avoid probate and maximize tax benefits.
In most cases, the homestead protection continues for your heirs, but there are exceptions. Proper planning can help ensure this protection continues.
Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.
