Gifting Your House While Retaining Residency in Florida

Many Florida residents wonder if it’s possible to gift their home to a family member, such as a daughter, while continuing to reside in it. At Morgan Legal Group in Miami, we navigate clients through this complex legal landscape, ensuring they make informed decisions that align with their estate planning goals.

Understanding the Legal Framework

In Florida, gifting real estate, including your house, to a family member is legally permissible. However, retaining the right to live in the home involves specific legal and tax considerations.

Life Estate Deeds: A Viable Solution

One common method to achieve this goal is through a life estate deed. This legal instrument allows you to gift your property while retaining the right to live in it for the duration of your life.

The Benefits of a Life Estate Deed

Life estate deeds offer several advantages, including avoiding probate for the property, providing a clear path of succession, and potentially reducing estate taxes.

Considerations and Implications

While appealing, life estate deeds come with considerations. These include potential tax implications, such as capital gains tax for the beneficiary, and limitations on the donor’s ability to sell or mortgage the property without the beneficiary’s consent.

Alternative Strategies: Enhanced Life Estate Deeds

Florida recognizes the “Lady Bird” deed, an enhanced life estate deed that provides more flexibility. It allows the original owner to retain control over the property, including the ability to sell without beneficiary consent.

Navigating Tax Implications

Gifting property can have significant tax implications. It’s crucial to consider potential gift taxes and the property’s impact on the estate’s overall tax situation.

The Importance of Professional Guidance

Given the complexities of real estate gifting and estate planning, consulting with a knowledgeable attorney is essential. This ensures that any action taken aligns with both legal requirements and your personal estate planning goals.

Customizing Your Estate Plan

Every individual’s situation is unique. A tailored estate plan can address specific desires, such as gifting a home while retaining residency, in a manner that is both legally sound and tax-efficient.

Conclusion: Making Informed Decisions

Gifting your house to your daughter and continuing to live in it is possible in Florida, but it requires careful planning and consideration of all legal and tax implications. At Morgan Legal Group in Miami, we specialize in crafting estate plans that meet our client’s specific needs and goals.

Contact Morgan Legal Group for Expert Estate Planning

If you’re considering gifting your home while retaining the right to live in it, or if you have other estate planning needs, contact Morgan Legal Group. Our experienced team is ready to provide you with the guidance and support necessary to navigate Florida’s estate planning laws.