Trust

You have spent years building what you own. Now you are thinking about how to hold your Florida real estate so it stays private, passes cleanly to the people you love, and stays out of the public record. A land trust is one of the quietest, most flexible tools Florida law gives you, but only when it is set up correctly. Before you sign your next deed or transfer your home into anyone’s name, here is what you need to understand. The Reyes Firm Thinking About a Land Trust in Tampa? Get clear answers about your options before you transfer title. Had a bad day, or just planning ahead? We are here to help. Contact Us Now § 689.071 Florida statute that governs land trusts Florida Land Trust Act 1963 Year Florida enacted the Land Trust Act Fla. Stat. § 689.071 $250K / $500K Capital gains exclusion on a primary home, single or married IRC § 121 Up to $50,000 Homestead exemption preserved in a land trust Fla. Stat. §§ 196.031, 689.071 What is a Florida land trust, and how does it work? A Florida land trust is a written arrangement in which a trustee holds legal title to your real estate while you, as the beneficiary, keep the right to use, manage, rent, and sell the property. The trustee’s name appears on the recorded deed. Your name stays in a private trust agreement that is never filed with any government office. This structure is recognized and governed by the Florida Land Trust Act, Florida Statute § 689.071, which Florida first enacted in 1963. Under the statute, the trustee acts only as you direct, and your beneficial interest is treated as personal property rather than as real estate. That single legal feature is what makes a land trust flexible, private, and easy to pass on. What are the main benefits of establishing a land trust in Florida? A properly drafted Florida land trust gives a property owner several practical advantages at once. The most common reasons people set one up are these. Privacy. Only the trustee’s name appears in the public record. The identities of the beneficiaries stay off county property records, which keeps your ownership discreet and discourages opportunistic lawsuits and solicitations. Simplified property management. The trustee holds title and signs deeds, mortgages, and leases as you direct, which can streamline paperwork when you own multiple properties or hold property with partners. Probate avoidance. When a beneficiary dies, the interest passes to the named successor beneficiary without going through probate, which saves your heirs time, cost, and court involvement. A measure of asset protection. Because the beneficial interest is personal property, a judgment lien recorded against your real estate does not automatically attach to your interest in the trust. This protection has real limits, covered in the next section. Flexible ownership. A land trust can hold one property or several, with multiple beneficiaries holding different percentages, which is useful for families and for real estate investors. Easy transfers. You can transfer a beneficial interest by amending the trust agreement instead of recording a new deed, which often avoids transfer fees and keeps the change off the public record. Preserved tax treatment. In many cases the beneficial interest is treated as a direct interest in the real property for tax purposes, so you can keep benefits such as the Florida homestead exemption and the capital gains exclusion on the sale of a primary residence. 💡 Did You Know? Florida enacted the Land Trust Act in 1963, modeled on the older Illinois land trust. Under the law, only the trustee’s name appears on the recorded deed, so the people who actually benefit from the property stay off the public record. Source: Fla. Stat. § 689.071. Does a Florida land trust actually protect your assets from creditors? A land trust offers privacy and a layer of separation, but it is not a creditor-proof shield on its own. Florida law treats your beneficial interest as personal property, so a lien against your real estate does not automatically attach to the trust property, and a lien against the trustee’s title does not reach your interest. That separation is genuinely useful against casual searchers and pre-lawsuit investigators. The honest limits matter just as much. A creditor who knows about your interest can still pursue it directly. Under Florida law, the interest in a self-settled trust is not protected from your own creditors, and an IRS tax lien attaches to your beneficial interest automatically, whether or not the IRS knows the trust exists. Privacy also gives way under formal legal discovery, where you must disclose all assets under oath. For real protection, attorneys often pair a land trust with a limited liability company that holds the beneficial interest, or have married couples hold the interest as tenants by the entireties. 🛡️ Your Rights Under Florida Law: Under Florida Statute § 689.071, your beneficial interest in a land trust is personal property, kept legally separate from the trustee’s title to the real estate. Used correctly, and often paired with an LLC or held by a married couple as tenants by the entireties, this structure can add a layer of privacy and protection that direct ownership does not provide. Will a land trust help your family avoid probate in Florida? Yes, and this is one of the strongest reasons Florida families use them. When real estate is owned outright and the owner dies, the heirs usually have to open a probate case to take title, which can mean months of court process, fees, and creditor claims before anyone inherits. A land trust sidesteps that. You name a successor beneficiary in the trust agreement, and when you pass away, that person steps into your role and takes over the property without probate. The transfer is private, faster, and far less expensive than a contested estate. For owners who hold rental property or a vacation home, this also keeps the property running without interruption while everything else in the