A parcel of real property that is titled in your name individually at the time of your death must go through probate. To avoid probate you must transfer the title of the property to the trust, or otherwise provide for the transfer of the property without the necessity of probate. There are several options for accomplishing that objective.
The real property involved also appears to be your homestead. If you are married, there are limitations on who you can transfer the title to at your passing.
I strongly recommend that you consult with an experienced estate planning, elder law, or real estate attorney regarding your options and the proper method of implementing those options. Florida homestead law is among the most complicated of all laws, and is commonly referred to as the "legal chameleon" because of how the law is applied based on your factual circumstances.
C. Randolph Coleman
Answered on May 25th, 2020 at 5:27 AM