A home can be both a significant financial asset and a place of lasting family memories. If you want it to pass to your children, several planning methods may be available. The right choice depends on ownership, family circumstances, tax considerations and how much control you want to retain.
Begin with Florida homestead protections
Florida places special limits on the devise of homestead when the owner is survived by a spouse or a minor child. In general, homestead may not be devised in those circumstances, except to the spouse when there is no minor child. Separate descent rules and spousal rights can determine the result if a proposed disposition is not authorized.
These protections should be reviewed before choosing a will, trust or deed. Do not assume that using a particular document automatically avoids the restrictions. Existing title, a valid waiver and other facts can also matter.
A will or trust
A will can state whom you want to receive property within the limits of the law. A home passing under a will may require probate proceedings or a determination of homestead. The work and timing depend on the estate, and probate does not mean that every family will face a prolonged dispute.
A properly funded trust can provide continuing management and transfer trust property without probate of that property. The deed and trust terms must be coordinated. Funding should also account for homestead benefits, insurance, mortgage terms and applicable tax consequences.
Joint ownership with a child
Valid joint ownership with rights of survivorship may allow the surviving owner to receive the deceased owner’s interest without probate. Adding a child, however, can create a present ownership interest. It may affect control of a sale or mortgage, gift reporting, tax basis and exposure to that child’s financial problems.
A deed should not be changed merely for convenience without considering those consequences. Tenancy in common does not carry the same automatic survivorship result.
An enhanced life estate deed
Florida does not have a general statutory transfer-on-death deed law. An enhanced life estate deed, often called a Lady Bird deed, is a distinct planning method that may allow an owner to retain specified powers during life while identifying who takes the remaining interest at death.
The deed’s precise language determines the reserved powers. Homestead protections, title requirements, mortgages, taxes and benefits planning still require review. It should not be treated as a universal substitute for a trust or as a promise of effortless administration.
Plan for what the children will do next
If several children inherit together, consider expenses, occupancy, a possible sale and how disagreements would be resolved. If one child will receive the home, coordinate that choice with the rest of the estate. We can help compare the alternatives and prepare a plan that fits both the property and your family’s needs.
Sources: Florida restrictions on devising homestead; Florida descent of homestead; Lifetime transfers of homestead.
Updated October 26, 2026.