I've 2 properties should I put them in trust or should I put under a corporation or LLC ? Thanks. Cathy

Asked almost 2 years ago - Sunrise, FL

I would like my son to be the beneficial of my property if any thing happen to me. I'm married right now. can my husband try to claim my properties. If we divorce or I pass away.

Attorney answers (3)

  1. Carol Anne Johnson

    Contributor Level 18


    Lawyers agree

    Answered . In Florida, it is a bit more complicated than previously mentioned. If the properties were purchased by you during the marriage from marital funds or an inheritance that was commingled with marital funds, then the properties could be considered a marital asset. Regardless of how you try to distribute the property through a trust or lady bird deed, your husband, if you predecease him, has a right to an elective share of your estate. If you divorce, Florida law deems that he has predeceased you and he is entitled to nothing from your estate that wasn't already identified in the divorce settlement. Creating a corporate entity will not provide the protection you seek. A good Florida trusts and estates attorney can help you with this matter.

    Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is... more
  2. Inna Fershteyn

    Contributor Level 11


    Lawyers agree

    Answered . What about post-nuptial agreement together with irrevocable trust to take properties out of your estate now?

  3. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . Of course, he could try. But if you have kept these properties as your separate property, and the properties are not considered homestead property, then your husband would probably not be entitled. A trust is one alternative. Lady bird deeds are another. I like using lady bird deeds because of their simplicity. They also cost less than other alternatives. You should meet with an estate planning attorney to discuss the options available to you and determine how best to proceed, based on your situation.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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