For most of the families we meet in Clearwater and across Pinellas County, the home is far more than a piece of property. It is where you raised your children, hosted the holidays, and maybe finally settled in after years of work. So when you start asking how to put your house in a trust, you are really asking a bigger question: how do I make sure the place that matters most is protected and passes smoothly to the people I love?
At Silvers Law, P.A., we hear this question every week. Maybe you just watched a friend spend a year in probate after a parent passed. Maybe your adult children live out of state and you worry about what happens if something happens to you. Or maybe you are caring for an aging spouse and wondering how Medicaid fits into the picture. Whatever brought you here, you are in the right place, and we are glad you are thinking about this now.
Below, we walk you through how putting a house in a trust works under Florida law, what it can and cannot do, and how our team can help you get it right the first time.
What Is a Living Trust on a House?
A living trust, also called a revocable trust, is a legal arrangement you create during your lifetime. You transfer ownership of your home to the trust, and you usually serve as your own trustee. That means you still live in the house, sell it, refinance it, or change your mind whenever you like.
The real benefit shows up later. When you pass away or become unable to manage your affairs, the person you named as successor trustee steps in and handles the home according to your instructions. Because the trust, not you personally, owns the house, your family can often avoid the Pinellas County probate process for that property entirely.
In Florida, trusts are governed by the Florida Trust Code, Chapter 736 of the Florida Statutes. That code sets the rules your trustee must follow, which is one reason the trust document itself needs to be drafted with care.
Should I Put My House in a Trust?
For many Florida homeowners, the answer is yes, but not for everyone. Here are situations where we often see a trust make a real difference for our clients:
- You want your family to avoid probate, which can take months and involve court costs.
- You own property in more than one state, such as a Clearwater home and a cabin up north.
- You have a blended family and want clear instructions about who receives the home.
- You want someone you trust to manage the property if you develop dementia or another condition that affects your decision making.
- You value privacy, since probate filings become part of the public record.
If your estate is very simple, other tools may accomplish your goals. That is exactly why a conversation with an attorney who focuses only on estate planning matters so much. At Silvers Law, P.A., we look at your whole picture before recommending any path.
How to Put a House in a Trust in Florida, Step by Step
Putting a house in a trust involves more than signing a form. Here is how the process generally works for our clients.
1. Create the Trust
First, we draft a trust agreement that names you as trustee, names your successor trustee, and spells out who receives the home and when. Everything else depends on this document being right.
2. Prepare a New Deed
Next, ownership of the home is transferred from you to yourself as trustee of your trust. This is done with a new deed. Florida law has specific requirements here. Under Section 689.01, Florida Statutes, a deed must be signed in the presence of two witnesses, and it should be notarized so it can be recorded. Section 689.073 also addresses the powers of a trustee named in a recorded deed, which matters when the property is later sold.
3. Address Florida Homestead Rules
This is where many do it yourself transfers go wrong. Florida homestead property has special protections under Article X, Section 4 of the Florida Constitution. If you are married, your spouse generally must join in the deed, and there are limits on who can inherit your homestead when you leave behind a spouse or minor child. We draft the deed and trust language so those protections are respected and your plan actually works.
4. Protect Your Homestead Tax Exemption
You do not want to lose your homestead exemption or the Save Our Homes cap on your property taxes. Florida law, including Section 196.041, allows a homeowner to keep the exemption when the home is held in a properly drafted trust. After recording, we can help you confirm your status with the Pinellas County Property Appraiser.
5. Record the Deed
Finally, the signed deed is recorded with the county. For Clearwater and the rest of Pinellas County, that means the Pinellas County Clerk of the Circuit Court and Comptroller. Once recorded, the transfer is complete and part of the public land records.
How to Put a House in a Trust With a Mortgage
Many clients ask us whether they can put their house in a trust if they still owe money on it. The good news is yes. Federal law, known as the Garn St. Germain Act, generally prevents a lender from calling your loan due simply because you transferred your home into a revocable living trust where you remain a beneficiary and continue living in the home.
You still keep making your regular payments, and your mortgage terms stay the same. We typically recommend letting your lender know about the transfer, and we also review your title insurance and any documentary stamp tax questions so there are no surprises down the road.
Can I Put My Condo in a Trust?
Yes, you can absolutely put your condo in a trust. Condominiums along the Clearwater and Pinellas County coast are some of the most common properties we place in trusts. The process is similar to a single family home, with one extra step. Your condominium association documents may require notice or approval before a transfer, even a transfer to your own trust. We review your declaration and bylaws before anything is signed.
If you own a cooperative unit rather than a condominium, the rules are different because you own shares rather than real property. We can walk you through that as well.
Can I Put My House in a Trust Without a Lawyer?
Technically, Florida law does not require you to hire an attorney. But we have seen what happens when families try it alone. We have helped clients fix deeds that were missing a witness, trusts that accidentally violated homestead rules, and online forms that left a surviving spouse in a difficult position. In some cases, the family ended up in probate anyway, which was the very thing the trust was supposed to prevent.
Think of it this way. You would not ask a general practitioner to perform heart surgery, no matter how talented they are. Estate planning deserves the same focus. At Silvers Law, P.A., this is all we do, and we are here to make sure your plan holds up when your family needs it most.
Does Putting Your Home in a Trust Protect It From Medicaid?
This is one of the most emotional questions we hear, often from a spouse or adult child watching a loved one’s health decline. The honest answer depends on the type of trust.
A revocable living trust does not protect your home from Medicaid. Because you keep control, Medicaid treats the property as yours.
An irrevocable trust may offer protection, but only if it is set up correctly and in time. Medicaid applies a five year look back period to most transfers. If the home is transferred into an irrevocable trust and you apply for long term care Medicaid within that window, a penalty period may apply.
It also helps to know that in Florida, your homestead is often treated as an exempt asset for Medicaid eligibility while you or your spouse live there or intend to return, subject to equity limits. You can learn more about eligibility through the Florida Department of Children and Families and Medicaid.gov.
Medicaid Asset Protection Trust in Florida: What You Need to Know
Can Medicaid Take Your House if It Is in a Trust?
Families worry about estate recovery, the process where the state may seek repayment for Medicaid benefits after a recipient passes away. Florida’s constitutional homestead protections can limit recovery in many situations, especially when the home passes to certain family members. However, a revocable trust does not change how Medicaid views the home, and every family’s circumstances are different.
We have helped many Pinellas County families plan ahead so a parent can receive the care they need without putting the family home at unnecessary risk. The earlier we start, the more options you have.
How Much Does an Irrevocable Trust Cost for a House?
The cost depends on the complexity of your situation, including your family structure, your goals, and whether Medicaid planning is involved. Online templates may look inexpensive at first, but an irrevocable trust is very difficult to undo. A mistake can cost far more than proper planning.
At Silvers Law, P.A., we believe you deserve clear answers. During your consultation, we will explain your options and discuss fees openly so you can make the choice that is right for you.
How Long Can a House Stay in a Trust After Death?
A house can remain in a trust after your death for as long as your trust instructions allow. Some clients want the home sold and the proceeds divided right away. Others want a surviving spouse to live there for life, or want the home held for grandchildren until they reach a certain age. Florida law, under Section 689.225, allows trusts created after 2000 to last up to 360 years.
When the time comes, your successor trustee handles the home according to your wishes. Our trust administration team regularly guides trustees through this process, so they never have to figure it out on their own during an already painful time.
How Silvers Law, P.A. Can Help You
We know that thinking about the future can feel overwhelming. You may be worried about your spouse, your children, or a parent who is already struggling. You do not have to sort through it alone.
At Silvers Law, P.A., we focus exclusively on estate planning, probate and trust administration, and guardianship. When you work with us, you are never just another file. We take time to understand your family, your home, and your goals, and then we build a plan that fits.
We can help you:
- Create a living trust or irrevocable trust tailored to Florida law
- Prepare and record your deed correctly in Pinellas County
- Protect your homestead rights and property tax exemption
- Transfer a mortgaged home or condominium the right way
- Plan ahead for long term care and Medicaid concerns
- Guide your successor trustee when the time comes
Your home holds your family’s story. Let us help you protect it. Contact Silvers Law, P.A. in Clearwater today to schedule a consultation, and let us take the next step together.
This article is for general educational purposes and is not legal advice. Reading it does not create an attorney client relationship. Please contact Silvers Law, P.A. to discuss your specific situation.
