Can I leave my home to my granddaughter when I die?

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Can I leave my home to my granddaughter when I die?

In a book about trusts that I read, it states that, “Remember that in FL you cannot leave your house to anyone but your spouse or your children”. My wife and I were about to set up a living trust and place our home in it, with our granddaughter as the beneficiary. Is that allowed?

Asked on January 16, 2011 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

How wise of you to think ahead with your assets and their distribution. However, I would consult with an estate planning attorney in your area on this matter.  I believe that there is a restriction in Florida regarding who can inherit real property.  A trust may in fact avoid this restriction under the law.  There are various tyes of trusts so that needs to be discussed with your planner.  Another option could be to transfer the property uyour Granddaughter now and to retain a life estate for you and your wife.  But your estate needs to be viewed in totality of the assets in order to decide what is best for you.  Good luck.


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