Legal Question in Wills and Trusts in Florida

If title is in your name individually and you live at the residence, it may still be subject to probate action if you die and have no spouse. Seek some guidance from a trust and estates attorney to make sure it will transfer as you wish.

As Attorney Stein suggests, it depends on the situation. Even if the residence is homesteaded and/or is held in title with a right of survivorship clause, it can still be subject to probate if the individuals on the right of survivorship or homestead are deceased at the time of your death or they disclaim the property. I strongly recommend consulting with an estate planning attorney. Many offer free initial consultations. I do not recommend trying to take care of it yourself since many individuals have inadvertently lost their homestead status when improperly naming their property in estate planning documents.