Estate Law Questions? Ask an Estate Lawyer.
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.
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!