Florida Irrevocable Grantor Homestead Trust: Having Your Cake and Eating It Too – Second Course

Published: May 1, 2024

Authored by Dean Mead estate planning attorney Joseph Percopo, following is an excerpt of the article “Florida Irrevocable Grantor Homestead Trust: Having Your Cake and Eating It Too – Second Course,” published in the May/June edition (Vol. 98, No. 3) of The Florida Bar Journal. To read the article in its entirety click here

This article is the second part of this two-part series. “Florida Irrevocable Grantor Homestead Trust: Having Your Cake and Eating It Too – First Course,” published in the March/April edition (Vol. 98, No. 2) of The Florida Bar Journal, can be accessed by clicking here.

The “First Course” of this article discussed lifetime conveyances of homestead and analyzed how the Florida irrevocable grantor homestead trust (FIGHT) is intended to avoid the devise restriction while simultaneously maintaining homestead tax benefits and creditor protection. The “Second Course” serves up additional considerations when contemplating using the FIGHT and then concludes with some general comments and recommendations regarding the drafting of a FIGHT.

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