Having homes in both New York and Florida is a big part of retirement for many people, but owning multiple properties can lead to estate planning challenges that families might not expect. For example, a Suffolk County resident could have a main home in Suffolk County, a winter place in Florida, and maybe rental or investment properties in either state. Each property has its own title, and each state has its own laws, which become especially important after someone becomes incapacitated or passes away. We often see that snowbirds plan carefully for how they’ll use their homes during retirement, but spend less time thinking about how those properties will be managed or passed on later. Setting up a trust the right way can help address these issues.
At Bernard Law P.C., we encourage snowbirds to treat all their properties as part of one estate plan, instead of thinking of them as separate assets in different states. The main goal isn’t just to set up a trust. It’s to figure out the best way to structure ownership so your property can be managed if you become incapacitated, transferred smoothly after death, and handled according to your wishes.
Multiple Properties Can Create Multiple Estate Administration Problems
Real estate is different from many financial assets because the law of the state where the property is located generally plays an important role in how that property is administered after death. If a New York resident dies owning a home individually in New York and another home individually in Florida, the family may discover that one probate proceeding is not necessarily enough.
Florida Statutes § 734.102 provides for ancillary administration when a nonresident dies leaving assets in Florida. For a New York snowbird who owns Florida real estate personally, that can mean an estate proceeding in New York followed by additional administration in Florida.
Ancillary administration often means more paperwork, legal help, court involvement, and time. While the process isn’t always overwhelming, it does add costs and extra steps that good planning can sometimes reduce or avoid.
A revocable trust is frequently considered because real estate located in different states can potentially be transferred into the same trust. If properly structured and funded, the trustee, rather than the individual, holds title. After the settlor’s death, the successor trustee may then administer trust property according to the trust terms rather than relying exclusively on probate proceedings to transfer each individually owned property.
Creating A Trust Is Only The Beginning
One of the most important lessons we teach clients is that signing a trust agreement does not automatically place property into the trust.
New York Estates, Powers and Trusts Law § 7-1.17 establishes formal requirements for creating a lifetime trust. The trust generally must be in writing and properly executed. But even a perfectly drafted trust may accomplish little with respect to a house that was never actually transferred into it.
Real property ordinarily must be retitled through an appropriate deed. That means a snowbird with a house in Shoreham and another property in Florida cannot simply list both homes on a piece of paper and assume the trust now owns them. The title to each property must be reviewed, and appropriate conveyance documents may need to be prepared and recorded.
This funding process deserves careful attention. Mortgages, title insurance, homeowners insurance, homestead rights, tax considerations, and existing ownership arrangements can all affect how a transfer should be handled. We therefore view trust funding as part of the estate planning process itself, not as an administrative task to be completed someday after the documents are signed.
Florida Property Requires Special Attention
Florida real estate presents issues that New York snowbirds should address before transferring property into a trust.
Florida recognizes trusts created under the law of another jurisdiction in many circumstances, but Florida Statutes § 736.0403 contains important rules concerning trust validity and real property. Florida also provides significant constitutional and statutory protections for qualifying homestead property. Florida Statutes § 736.1109 specifically addresses homestead held through testamentary and revocable trusts.
This means that transferring a Florida residence into a trust should not be treated as an ordinary deed change. The consequences can depend on whether the property qualifies as Florida homestead, whether the owner has a spouse or minor child, and how the trust directs the property to pass at death.
For snowbirds, domicile also deserves attention. Owning a Florida home does not, by itself, make someone a Florida domiciliary. Likewise, transferring a property into a revocable trust does not automatically settle questions about residency or domicile for estate tax purposes.
Trust planning and domicile planning should therefore work together rather than conflict with one another.
A Trust Can Also Help If Incapacity Occurs
Avoiding a second probate proceeding is only one reason snowbirds may consider a trust. Multiple properties can become difficult to manage if the owner becomes incapacitated.
Imagine that you become seriously ill while staying in Florida but still own a New York residence, rental property, and financial accounts. Someone may need to pay property expenses, arrange repairs, manage tenants, maintain insurance, or potentially sell real estate.
If those assets have been properly placed in a revocable trust, a successor trustee may be able to assume management responsibilities according to the terms of the trust. New York EPTL § 11-1.1 grants fiduciaries substantial powers concerning the administration of trust property unless the governing document limits those powers.
This does not eliminate the need for a properly drafted power of attorney. Instead, the two documents generally serve complementary purposes. The trustee manages assets owned by the trust, while an agent acting under a power of attorney may need authority over assets and matters that remain outside the trust.
For snowbirds, that coordination can be particularly valuable because a medical emergency may occur hundreds or thousands of miles from the property that requires attention.
Trust Planning Should Address What Happens To Each Property
A good trust plan should do more than move real estate outside probate. It should answer practical questions about what happens to each property after death.
Will a surviving spouse continue using both residences? Should the Florida property be sold while the New York home remains in the family? Should children receive equal interests in a vacation property, or would shared ownership create conflict? Who will pay taxes, insurance, maintenance, association fees, and repairs while the property remains in trust?
These issues become even more important when children have different financial circumstances or different attachments to a family property. Leaving three children equal ownership of a home may appear fair mathematically while producing significant conflict in practice. One child may want to keep the property, another may want cash, and the third may be unable or unwilling to contribute toward expenses.
A customized trust can establish authority for the trustee to sell property, distribute sale proceeds, permit temporary occupancy, allocate expenses, or create longer-term arrangements when preserving a particular property is important to the family.
Trust Planning For Snowbirds Should Be Coordinated Across Both States
For snowbirds with multiple properties, the central question is not simply whether a revocable trust is beneficial. We need to examine what property you own, where it is located, how it is titled, whether there are mortgages, who should inherit it, and how you want those properties managed if you become unable to handle them yourself.
New York and Florida have different trust, probate, real property, and homestead rules. A plan that ignores either state can leave gaps that become apparent only after incapacity or death.
We believe the better approach is to treat your New York and Florida properties as parts of one coordinated estate plan. When the trust documents, deeds, powers of attorney, beneficiary arrangements, and succession instructions work together, families are in a much stronger position to administer property efficiently and carry out your wishes.
Trusts For Residences Frequently Asked Questions
Can A New York Trust Own My Florida Home?
Yes, a properly structured New York trust may be able to hold Florida real estate. However, Florida law governs important aspects of Florida property, and the deed must be properly prepared and recorded. Florida homestead protections may also affect how the property should be transferred and ultimately distributed.
Will Putting My Florida Property In A Trust Avoid Ancillary Probate?
A properly funded revocable trust can often prevent trust-owned Florida real estate from becoming part of an individually owned probate estate. This is one reason snowbirds frequently consider trust planning. The key is that the property must actually be transferred to the trust. Simply signing a trust agreement without changing title generally does not accomplish that goal.
Do I Need Separate Trusts For My New York And Florida Homes?
Not necessarily. In many situations, one properly designed revocable trust can own properties located in multiple states. Whether one trust or a more complex structure makes sense depends on the properties, ownership arrangements, tax concerns, family circumstances, and planning objectives.
Does Putting My Home In A Revocable Trust Mean I Lose Control Of It?
Generally, no. With a typical revocable living trust, you may serve as trustee and continue controlling trust property during your lifetime. Florida Statutes § 736.0602 also recognizes a settlor’s ability to revoke or amend a revocable trust subject to the trust terms and applicable law.
Should Both My New York And Florida Properties Be Placed In The Trust?
That decision should be made property by property. The fact that a trust can own real estate does not mean every property should automatically be transferred. We review title, mortgages, insurance, homestead considerations, tax consequences, and the client’s long-term intentions before recommending a transfer.
What Happens If I Become Incapacitated While Staying In Florida?
If your properties are properly held in trust and your trust provides for succession upon incapacity, a successor trustee may be able to manage those assets without waiting for your death. This can be particularly valuable when bills, insurance, repairs, rentals, or other property matters require immediate attention.
Can I Leave One Property To One Child And Another Property To Another Child?
Yes. A properly drafted estate plan can provide different properties or different shares to different beneficiaries. We also consider whether those distributions are economically equal, whether the properties carry debt, and whether the arrangement could create disagreement among family members.
Schedule A Free Consultation With Bernard Law P.C.
Owning property in New York and Florida can make retirement more enjoyable, but it also requires thoughtful estate planning. At Bernard Law P.C., we help snowbirds evaluate how their homes, investment properties, trusts, wills, powers of attorney, and other estate planning documents work together. Our goal is to create a plan that reflects how you actually live and own property rather than forcing your family into a standardized arrangement.
If you own multiple properties in New York, Florida, or both states and have questions about trust planning, probate avoidance, incapacity planning, or transferring real estate to your family, contact Bernard Law P.C. Our office is located in Shoreham, New York, and we serve clients throughout Suffolk County. Contact our Suffolk County estate law attorney at Bernard Law P.C. by calling (631) 378-2500 to schedule a free consultation.
