Legal Question in Real Estate Law in Florida

Re: Home ownership in trust

Generally,maybe yes and maybe no. If you and your wife and family are beneficiaries of the trust,the beneficial interest is personal property and subject to creditors. However, you may have homestead protection against creditors under the Florida Constitutional exemption. However, there are conflicting bankruptcy decisions right now concerning whether homestead property held in trust may have the benefit of the homestead exemption against creditors. The safe and sure solution is to title the homestead back in yours and your wife's name, assuming of course the creditors do not already exist. A complex question that really requires an attorney visit, and a conference.