Homestead Exemption With Trust In Orange
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FAQ
There is a new provision that now makes a Trust & Will Trust a qualifying Trust for Texas homestead purposes. This allows estate planners to preserve this important exemption that can save them thousands of dollars on property taxes and remove their primary residence from the probate process.
The bank, on behalf of the trust beneficiary, could claim the exemption. A life beneficiary under a trust instrument is eligible for the exemption, if the beneficiary is occupying the dwelling on the lien date as his principal residence.
If you own and occupy property in Orange County and the property is your permanent residence as of January 1, applying for a Homestead exemption could reduce the assessed value of your Homestead property by up to $50,000, resulting in a tax savings of approximately $750 annually.
In brief, Florida case law and opinions issued by the Florida Attorney General recognize that Trust beneficiaries can maintain their homestead exemption as long as they meet certain requirements, even though the Florida Constitution does not explicitly address homestead protection for properties held in Trust.
Add How do I get a Homeowner's Exemption? New property owners will usually receive an exemption application within 90 days of recording a deed. If you acquired the property more than 90 days ago and have not received an application, please call 714-834-3821 for an application.
In brief, Florida case law and opinions issued by the Florida Attorney General recognize that Trust beneficiaries can maintain their homestead exemption as long as they meet certain requirements, even though the Florida Constitution does not explicitly address homestead protection for properties held in Trust.
In Florida, placing your property into a revocable trust ensures that the property is not reassessed for tax purposes, provided the transfer is executed correctly. This means that your property taxes should not increase solely because you've transferred your home into a trust for your child or any other beneficiary.
If you own real estate in Florida, you should strongly consider getting a revocable living trust if you don't already have one. The benefits can help you avoid probate and pass on more to your family.
