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Estate planning·November 20, 2025

Winter 2025: Florida Estate Planning Update

Winter 2025: Florida Estate Planning Update

I. Planning Trends for 2025

A. Homestead Trusts & Lady Bird Deeds

More Floridians are using:

  • Enhanced Life Estate Deeds (Lady Bird deeds)
  • Irrevocable Grantor Homestead Trusts

These tools help avoid probate, protect the home, and coordinate long-term-care planning.

B. Blended-Family Protections

Families with children from prior marriages are turning to:

  • Protective marital trusts
  • Clear life-estate vs. remainder arrangements
  • Elective-share waivers
  • Detailed instructions for what happens to the home after the first spouse dies

C. Trusts for Disabled or Vulnerable Beneficiaries

More clients are asking for:

  • Special Needs Trusts
  • Trusts with addiction-related or behavioral conditions
  • Spendthrift protections
  • "Automatic" conversion to a Special Needs Trust if a beneficiary becomes disabled later

D. Coordination of Non-Probate Assets

Updating beneficiary designations on:

  • Retirement accounts
  • Life insurance
  • Pay-on-death and transfer-on-death accounts

These often control where the majority of wealth actually goes.

II. Florida Estate & Trust Law Changes

Winter 2025: Florida Estate Planning Update

A. Community-Property Rules for Couples Moving to Florida (HB 923 – Effective 2024)

Florida updated the rules for couples who previously lived in a community-property state (such as California, Texas, or Arizona). The new law clarifies:

  • How property acquired in a community-property state is treated when one spouse dies in Florida
  • How to preserve community-property benefits (such as a double step-up in basis) if the couple wants them
  • A new two-year window for resolving title disputes relating to community-property assets

What this means for you: If you ever lived in a community-property state, you may need to review your current titling, wills, or trusts to ensure your property passes the way you intend.

B. New Fiduciary Income & Principal Act (FIPA) – Effective January 1, 2025

Florida completely replaced its old trust accounting law with a modern version called FIPA.

This new law affects how trustees:

  • Allocate money between "income" and "principal"
  • Balance the interests of lifetime beneficiaries and remainder beneficiaries
  • Report trust activity to beneficiaries

What this means for you: If you have a trust (revocable or irrevocable), your document might need updated accounting or trustee-power language so it works properly under the new rules.

C. New Rules for Charitable Trusts (HB 1173 – Effective 2025)

Florida changed who has authority to enforce the terms of a charitable trust.

  • The Florida Attorney General now has primary enforcement authority
  • Private parties generally cannot sue over the administration of a charitable trust unless they meet very specific legal requirements

What this means: If you have charitable provisions in your trust or are considering establishing a charitable trust, these changes affect how those provisions are supervised and enforced.


Call Florida estate planning attorney contact John Clarke at (954) 556-8952 to assist you in updating or creating your estate plan!

This article is general information, not legal advice. For guidance on your own situation, schedule a free consultation with John Clarke.

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