How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 11784
Experience:  JD, MBA
9373668
Type Your Estate Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

Can I put my house in a living trust grandson whose legal

Customer Question

Can I put my house in a living trust for my grandson whose legal address is mine and not loose my homestead
Submitted: 5 months ago.
Category: Estate Law
Expert:  TJ, Esq. replied 5 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Yes, you can put the property in a trust and yet still keep your homestead. The key is to keep the trust revocable (i.e., you can revoke the trust when/if you would like). This issue was decided in Florida about 10 years ago:

We note that in this case while Paul's residence was held in a revocable trust, it was owned by a “natural person” for purposes of the constitutional homestead exemption. Because Paul retained a right of revocation, he was free to revoke the trust at any point in time. Accordingly, he maintained an ownership interest in his residence, even though a revocable trust held title to the property. Engelke v. Estate of Engelke, 921 So. 2d 693, 696 (Fla. Dist. Ct. App. 2006)

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 5 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

Related Estate Law Questions