July 1, 2024
July 1, 2024
Close this search box.

Can I put my house in my children’s name to avoid inheritance tax in Florida?

Is it Possible to Transfer Your Home to Your Children to Avoid Inheritance Tax?

When considering estate planning and ways to reduce tax implications, many individuals think about transferring their home to their children. The question often arises: Is it possible to transfer your home to your children to avoid inheritance tax in Florida? In this in-depth guide, we will explore the complexities of this strategy and its legal ramifications.

The Intricacies of Inheritance Tax

Before delving into transferring property to your children, it is crucial to grasp Florida’s intricate inheritance tax landscape. Unlike federal law, Florida does not impose a state inheritance tax. However, there are other tax considerations, such as federal estate tax and capital gains tax.

1. Federal Estate Tax

Currently, estates that exceed a certain threshold are subject to federal estate tax. This threshold may change due to legislative modifications. It is essential to stay updated on the prevailing threshold when engaging in estate planning.

2. Capital Gains Tax

Another tax aspect to consider is capital gains tax. When transferring property, the cost basis for capital gains tax purposes could change. If your children sell the property later on, they might be responsible for capital gains tax on the appreciation in value from the original purchase price.

Transferring Ownership of Your Home to Your Children

While transferring your home to your children is a viable option, understanding the tax and legal implications is crucial. Here are some key considerations:

1. Gift Tax

Transferring ownership of your home to your children is typically viewed as a gift. The federal government imposes a gift tax on transfers exceeding a certain value. Fortunately, there are annual and lifetime gift tax exclusions that may apply, but these limits are subject to change.

2. Relinquishing Control

Transferring ownership means giving up control. Your children will have legal rights to the property, and you may require their consent for decisions like selling the property or taking out loans against it. This loss of control can be significant, especially if your children have differing opinions on how to manage the property.

3. Medicaid and Long-Term Care

If you need Medicaid or long-term care in the future, transferring your property to your children can have implications. Medicaid has a look-back period during which any asset transfers, including property, could impact your eligibility for benefits. It is essential to consider how this transfer may affect your future care needs.

Exploring Alternative Strategies

While transferring your home to your children is one approach, there are alternative strategies to consider that can help achieve your estate planning goals while minimizing tax implications:

1. Utilizing Irrevocable Trusts

Irrevocable trusts can be structured to safeguard your assets and reduce tax exposure. These trusts offer a level of control over the assets while lowering the taxable value of your estate.

2. Implementing Life Estate Deeds

A life estate deed enables you to transfer your property to your children while retaining the right to live in and use the property during your lifetime. This strategy can be beneficial for both control and tax planning purposes.

3. Seeking Estate Planning Guidance from Legal Professionals

Consulting with an experienced estate planning attorney is one of the most effective approaches to estate planning, particularly concerning tax considerations. A knowledgeable attorney can assist you in exploring options, making informed decisions, and ensuring that your estate plan aligns with your objectives while minimizing tax exposure.

Get Expert Advice from Our Legal Team

At Morgan Legal Group, our team of skilled attorneys specializes in estate planning, asset protection, and tax-efficient strategies. We have a deep understanding of Florida law and the implications of transferring property to your children. Our expert guidance can help you develop an estate plan that meets your objectives while reducing tax exposure.

The article Can I put my house in my children’s name to avoid inheritance tax in Florida? was originally published on morganlegalfl.com.

Can I put my house in my children’s name to avoid inheritance tax in Florida?


When it comes to estate planning, many individuals are looking for ways to minimize their tax liability and ensure that their assets are passed on to their loved ones with as little hassle as possible. In Florida, one common question that arises is whether it is possible to avoid inheritance tax by putting a house in their children’s name.

Understanding Inheritance Tax in Florida

In Florida, there is no state inheritance tax. This means that beneficiaries do not have to pay a tax on their inheritance from a deceased individual. However, there is still a federal estate tax that may apply to your estate if it exceeds a certain threshold. As of 2021, the federal estate tax exemption is $11.7 million per individual, meaning that estates valued at less than this amount are not subject to federal estate tax.

Putting Your House in Your Children’s Name

While it is technically possible to transfer ownership of your house to your children to avoid estate tax, there are some important considerations to keep in mind. Before making any decisions, it is important to consult with a qualified estate planning attorney to ensure that you are making the right choice for your unique situation. Here are some factors to consider:

  • Gift tax implications: When you transfer ownership of your house to your children, you may be subject to gift tax if the value of the gift exceeds the annual exclusion amount ($15,000 per recipient in 2021).
  • Loss of control: Once you transfer ownership of your house to your children, you may lose control over the property. Your children will have the legal right to make decisions about the property without your input.
  • Creditor protection: If your children run into financial trouble, the house could be at risk if it is in their name.

Benefits and Practical Tips

While transferring ownership of your house to your children may not be the right choice for everyone, there are some benefits to consider. These may include:

  • Reduced estate tax liability if your estate exceeds the federal exemption amount.
  • Probate avoidance, as the house will pass directly to your children outside of the probate process.
  • Protection from potential nursing home costs, as the house may be considered an exempt asset for Medicaid eligibility purposes.

If you do decide to transfer ownership of your house to your children, it is important to do so carefully and with the assistance of a qualified attorney. Some practical tips to keep in mind include:

  • Consider establishing a trust to hold the property and retain some control over its management.
  • Be aware of the potential tax consequences of transferring ownership of the house.
  • Keep detailed records of the transfer of ownership to avoid any confusion or disputes in the future.

Case Study

To illustrate the potential benefits and pitfalls of transferring ownership of a house to your children, consider the following case study:

John, a Florida resident, decides to transfer ownership of his house to his daughter Sarah to avoid estate tax. However, John fails to consider the gift tax implications of the transfer and ends up owing significant gift tax to the IRS. In addition, Sarah decides to sell the house without consulting John, causing tension in their relationship.


While transferring ownership of your house to your children may seem like a simple way to avoid inheritance tax, it is important to carefully consider all of the potential consequences before making a decision. Consulting with a qualified estate planning attorney can help you navigate the complexities of estate planning and ensure that your assets are passed on in a tax-efficient manner. By weighing the benefits and risks carefully, you can make an informed decision that aligns with your long-term goals and priorities.



Most Popular

Get The Latest Updates

Subscribe To Our Weekly Newsletter

No spam, notifications only about new products, updates.
On Key

Related Posts