Homestead Exemptions and Living Trusts: a Look at California, Florida, and Texas

The information presented in this article is not all-encompassing, nor is it meant to be construed as professional legal advice. Because homestead exemption laws are complicated, consult a qualified attorney with questions regarding homestead exemptions and living trusts in your state.

Via Black’s Law Dictionary, 8th ed., a homestead is “[t]he house, outbuildings, and adjoining land owned and occupied by a person or family as a residence. As long as the homestead does not exceed in area or value the limits fixed by law, in most states it is exempt from forced sale for collection of a debt.” A homestead can only be designated in one jurisdiction, generally where the owner maintains permanent residence.

Continue reading “Homestead Exemptions and Living Trusts: a Look at California, Florida, and Texas”

How to Transfer Real Estate Into a Living Trust

Though the complexities of a living trust make these documents look significantly more complicated than they actually are, about a fifth of all Americans have living trusts—sometimes called revocable trusts or inter vivos. Living trusts don’t have to be complicated. Indeed, they’re an ideal way to protect your assets after you’re gone, while ensuring your heirs have quick access to their inheritance. Trusts are highly customizable, and you can create just about any system of disbursement in your trust creation documents. For instance, many parents leave their children a trust fund that the child can only access upon completing college or attaining the age of 30—or if the trustee deems that accessing the funds is in the child’s best interest.

Continue reading “How to Transfer Real Estate Into a Living Trust”