A home held in trust qualifies for homestead protection but the express language of the testatrix’s will made it subject to creditors

The testatrix transferred her home and the adjacent vacant lot to a trust of which she was the sole beneficiary for life. On her death, the properties were to be distributed to her estate and her will devised the home to her daughter and the vacant lot to her son.

The will also stated that all claims, charges, allowances, and costs of administration were to be paid equally out of the two gifts to her children. The residuary estate was insufficient to pay all of the claims on testatrix’s estate and her daughter claimed that the home was exempt as homestead property.

In Cutler v. Cutler, 994 So. 2d 341 (Fla. Dist. Ct. App. 2008), the court held that the home did not lose its status as homestead because of the transfer to the trust but that the language of the will made the home subject to the testatrix’s debts.