Legal Question in Wills and Trusts in Florida

Re: Living Trust

Florida does not have community property, but I think I know what you mean. The answer to your first question is no. The answer to your second question is a Premarital (prenuptial) Agreement.

Re: Living Trust

I am not sure whether you are living in the house since you call it a home or whether it is leased to someone else. In any case, not even a revocable trust nor a prenuptial agreement prevent the surviving spouse from electing to take the "elective share" upon your death. The assets from which this 30% of your estate would come can include assets in a revocable trust and assets purpordely exculded by a prenuptual agreement. The only way to get the property out of your estate is to put it in an irrevocable trust or to gift it while you are alive (you may have to pay gift taxes. Consult your tax person on that). There may be additional problems if you are living in the home and it is your homestead but the solution would be the same.