Why Title Matters

How Property Title Affects Your Estate Plan (and What Most Homeowners Get Wrong)

Most homeowners assume that once they buy property, everything is set.

But the reality is this:
The way your property is titled controls what happens to it—during your life and after you pass away.

It affects:

• Who has control
• Whether it goes through probate
• Exposure to creditors
• How easily it transfers to your loved ones

Common Ways to Own Property (And What They Mean)

Owning It in Your Name Alone

You have full control—but:

• It’s exposed to creditors
• It will likely go through probate

Tenants in Common (Owning with Others)

Each owner controls their share.

But:

• One owner’s debt can impact the property
• Probate is required at death
• Ask me about the recent “Partition” action we had in our office! “Our daughters will get along just fine!” Famous Last Words!

Joint Ownership with Right of Survivorship

When one owner passes:

• The other automatically inherits

But:

• Creditors can still reach an owner’s share

Tenancy by the Entirety (Married Couples)

In Florida when your deed says “husband and wife” or “wife and husband”

• Strong creditor protection
• Automatic transfer to spouse upon death
• Avoids probate

Ownership Through a Trust

• Avoids probate
• Keeps things private
• Gives you control over distribution

Ownership Through an LLC

Best for investment property:

• Protects personal assets
• Limits liability

The Biggest Mistake

People assume their property will pass according to their wishes…

…but title overrides everything.

If your title and your estate plan don’t match, your plan can fail.

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• Estate Planning Basics (if you have one)
• Trusts and your Estate Plan
• Probate and Estate Administration