The Short Answer

In Florida, an irrevocable trust can be a powerful way to keep a family home in the family, but it must be structured carefully—especially if the home is your mom’s Florida homestead or if the goal is long-term care/Medicaid planning. The key legal issue is whether your mom keeps (or gives up) the ability to revoke or “revest” the home back to herself, because that can change how the transfer is treated under Florida homestead law.

What Florida Law Says

Florida generally allows a homeowner to transfer an interest in homestead property into a trust during life. However, the legal consequences depend heavily on whether the trust is revocable or irrevocable and what powers your mom keeps. If the trust is drafted so your mom does not retain a power to revoke or revest the transferred interest back to herself, Florida law treats that lifetime transfer (including a transfer in trust) differently than a “devise” at death—an important distinction when families are trying to preserve the home for children or other relatives.

The Statute

The primary law governing this issue is Fla. Stat. § 732.4017.

This statute establishes that when a homestead owner makes an inter vivos transfer of an interest in homestead property (including a transfer in trust), the transfer is not treated as a “devise” if the owner does not retain a power (in any capacity) to revoke or revest that interest back in the owner.

Separately, Florida’s Trust Code sets baseline requirements for creating a valid trust (capacity, intent, identifiable beneficiaries, trustee duties, etc.). See Fla. Stat. § 736.0402.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying it to your mom’s house is rarely simple. Legal outcomes often depend on:

• Homestead restrictions and family situation: Whether your mom has a spouse, whether there are minor children, and whether the property is protected homestead can affect what transfers are valid and what happens later. Even well-intended planning can create title problems or trigger disputes if the homestead rules are not handled correctly.
• Control vs. protection tradeoffs: Many families want “protection” but also want mom to keep control. With irrevocable trusts, keeping too much control can defeat the planning goal and may change how the transfer is treated under Fla. Stat. § 732.4017 (for example, if she effectively retains a power to revoke or revest).
• Medicaid/long-term care planning risks: If the real goal is to protect the home from nursing home costs or Medicaid estate recovery, the trust must be coordinated with benefits rules and timing considerations. A poorly drafted transfer can create ineligibility issues or unintended tax consequences.

Because a home is often a family’s largest asset, mistakes can be expensive and hard to unwind. A Florida probate/estate planning attorney can evaluate your mom’s goals (keep the home, avoid probate, protect from claims, plan for long-term care) and recommend the safest structure.

If you want to explore other Florida options that may be used to keep a home in the family, you may also find these helpful: avoiding probate for a parents’ house in Florida and whether a Lady Bird deed can protect a Florida home.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.