Yes! If you dont deed your home to your trust, your home will be forced into the probate process after the deaths of both you and your spouse. Real estate is one of the most difficult assets to probate, so you definitely want to assure that ALL of your real estate is owned by your trust or by your LLC. Your home should always be owned by your revocable trust.

Some of my clients are concerned that the transferring of their homestead into their revocable trust will forfeit their homestead protection. It will not affect any homestead rights you currently have. Trust ownership has always provided for the continued tax advantages and creditor protection that home owners are afforded in Florida. Florida’s Third District Court of Appeals affirmed this understanding in their Octobet 27, 2010 ruling in the case of Aronson v Aronson.

There should now be no question as to the title of your homestead. It should always be owned by your revocable trust.