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
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.

