Many Florida families have an adult child still living at home, whether by choice, financial necessity, or a disability that makes independent living difficult. Parents in this situation often assume things will simply work out after they’re gone. Florida law doesn’t leave that much to chance, particularly when the home is homestead property.
A vague assurance that “you can always live here” may not survive probate, sibling disagreements, creditor claims, or the practical cost of maintaining a house. Florida law also complicates matters when the parent is survived by a spouse or minor child.
Under Article X, Section 4 of the Florida Constitution, homestead property carries devise restrictions that can override what a will or trust says. On top of that, Fla. Stat. § 732.4015 confirms these restrictions apply to trust dispositions, too, not just wills.
In Aronson v. Aronson, a Florida appellate court confirmed that a revocable trust does not override these homestead protections.
If a homestead isn’t properly devised and the owner leaves a surviving spouse and descendants, Fla. Stat. § 732.401generally gives the spouse a life estate with a remainder to the descendants, or an option to take a one-half interest instead. That default outcome may not match what a parent wants for an adult child living in the home.
Beyond ownership, the plan also must specify whether the child owns the home outright, holds a life estate, has an occupancy right, or simply has permission to stay, since each carries different consequences for taxes, repairs, and creditor exposure. If the adult child has a disability or receives public benefits, an outright inheritance could jeopardize eligibility, which is where guardian advocacy or supplemental needs trust planning comes in.
Work through who pays the mortgage, insurance, taxes, and repairs, whether a trustee can sell the home, and what happens if other beneficiaries want their share.
At Schnauss Naugle Law, we help Florida families put a specific plan in place for a home that an adult child still lives in. Call us at 904-643-6342 or reach out through our contact page to talk through your situation.
