A real-property-heavy estate calls for planning documents that work together to control, protect, and transfer the home. For Boca Raton owners, the core tools are a valid Florida will, a revocable living trust, and a durable power of attorney. Each plays a distinct role in keeping title moving smoothly.
Florida Wills and Execution Formalities
Under Florida Statutes Section 732.502, a will must be signed by the testator at the end and witnessed by two competent witnesses who sign in the presence of the testator and of each other. Florida also allows self-proof, which lets the will be admitted without locating the witnesses later. A will that fails these formalities can throw a Boca Raton home into intestacy, so precise execution matters.
What a Will Can and Cannot Do With Real Property
A will directs who receives the home, but it still passes through probate to take effect, and homestead devise restrictions can override its terms when a spouse or minor child survives. We draft wills that account for homestead so the document does not promise something Florida law will not permit.
Revocable Living Trusts Under Chapter 736
The Florida Trust Code, Chapter 736, governs revocable living trusts. By deeding a Boca Raton property into a trust during life, an owner can pass it to beneficiaries at death without probate, while keeping the right to amend or revoke. Funding is everything: a trust controls only the property actually titled in its name, so we make sure the deed is executed and recorded.
Trusts and Florida Homestead
Placing homestead into a revocable trust requires care. Done correctly, it can preserve the homestead tax exemption and creditor protection, but the trust language must respect the constitutional devise restrictions. We tailor the trust so the home keeps its protections.
Durable Powers of Attorney Under Chapter 709
Florida’s Power of Attorney Act, Chapter 709, lets an owner appoint an agent to manage property if the owner becomes incapacitated. For real estate, this is vital: only an agent with specific authority can sign a deed, mortgage, or sale on the owner’s behalf. Florida requires certain powers to be separately enumerated and initialed, so a generic form often fails. We draft durable powers that actually empower the agent to handle the property.
Consult a Florida Attorney
This page is general information and not legal advice. Estate-planning documents must be tailored to your assets and family. Please consult a licensed Florida attorney before signing a will, trust, or power of attorney.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
