Owning more than one property is a major accomplishment. But when it comes to estate planning, multiple properties can also bring added stress. You want to make sure everything passes smoothly to your loved ones—and that your wishes are honored.
As Florida estate planning attorneys, we help families protect real estate every day. In this guide, we’ll explain how to build an estate plan that covers all your properties.
Why Real Estate Needs Extra Planning
Real estate is often your biggest asset. Homes, rental properties, and vacation homes can all be valuable. But if they’re not protected properly, they can become legal headaches.
Here’s why:
- Property often goes through probate, which can be long and costly.
- Multiple heirs may fight over who gets what.
- Taxes, liens, or unclear ownership can slow everything down.
With the right plan, you can avoid these problems. You can also make sure each property is passed on exactly how you want.
Step 1: List All Your Properties
Before doing anything else, get organized.
Make a list of every property you own. Include:
- The address
- How it’s titled (in your name, jointly, etc.)
- Whether there’s a mortgage or lien
- What you want to happen to it after you pass
This list will help your Florida estate planning attorney create a clear roadmap. It’s also the first step in avoiding confusion later on.
Step 2: Decide Who Gets What
Once you know what you own, think about who you want to receive each property. Some questions to ask yourself:
- Does one child live in a property now?
- Is anyone emotionally attached to a certain home?
- Should one person get a rental and another get a vacation home?
Being specific helps prevent future disputes. You don’t want your heirs to fight over who gets what.
If one property is worth more than another, you can even things out with money or other assets.
Step 3: Use the Right Legal Tools
You have a few options for protecting your properties. The best one depends on your situation.
Living Trust
A living trust is one of the best ways to protect multiple properties.
- You can put each property into the trust.
- You still control everything while you’re alive.
- When you pass, the properties go directly to your heirs—no probate needed.
Trusts are private and efficient. They also help if you become sick or disabled.
Lady Bird Deeds
Florida allows something called a “Lady Bird Deed” (enhanced life estate deed).
- You keep full control while you’re alive.
- You name someone to get the property after your death.
- It avoids probate.
Not every state allows these, but they’re a great option here in Florida.
Joint Ownership
If you co-own property with someone else, it might automatically go to them when you pass. But this isn’t always the best strategy.
- It can create tax issues.
- It might block your ability to sell or refinance.
- It doesn’t always match your full estate plan.
Ask a Florida estate planning attorney before adding someone to your deed.
Transfer on Death (TOD)
Some states allow you to name a person to receive your property when you die. Florida doesn’t allow TOD deeds for real estate, but you can still use them for other assets like bank or brokerage accounts.
Step 4: Consider Tax Impacts
Taxes matter, especially with real estate.
When someone inherits a property, they may get a “step-up” in tax basis. This means the property’s value is reset at the time of death, reducing capital gains if they sell it later.
But if you give property away while you’re alive, that tax benefit might be lost.
Also think about:
- Property taxes
- Federal estate taxes (if your estate is very large)
- Income tax from rental income
A good estate plan will balance tax savings with your goals.
Step 5: Plan for Maintenance and Expenses
Who’s going to mow the lawn or fix a roof after you’re gone? Properties need care and money.
Make a plan for:
- Who will manage the properties short-term
- Whether you’ll set aside funds for repairs or upkeep
- If properties will be sold, rented, or lived in
The more guidance you give, the smoother it will go.
Step 6: Protect Rental and Out-of-State Properties
Owning rentals or properties in other states adds more complexity.
For rental properties:
- Make sure your lease agreements are up to date.
- Consider putting them in an LLC for liability protection.
- Decide who will manage them if you’re no longer around.
For out-of-state properties:
- Talk to your attorney about ancillary probate.
- A living trust can help avoid that extra court process.
- Local laws may impact how those properties are handled.
Our Florida estate planning attorneys work with families who own property across the country. We help coordinate plans that work in all the right places.
A Hypothetical Family Plan
Let’s say a parent owns four properties: a home in Tampa, a condo in Naples, a vacation cabin in Georgia, and a rental duplex. They want to leave each property to one of their four children. But they’re concerned about future conflicts and want to avoid the hassle of probate—especially in multiple states.
They meet with a Florida estate planning attorney to create a plan.
- They establish a living trust and transfer all four properties into it.
- For the Naples condo, they use a Lady Bird deed to ensure smooth transfer.
- They include clear instructions on who should manage repairs, taxes, and insurance.
- For the out-of-state cabin, the trust helps avoid the need for separate probate in Georgia.
This thoughtful plan means each child receives their designated property directly. There are no court delays, and the estate is settled smoothly.
A plan like this can save time, reduce legal costs, and bring peace of mind to everyone involved.
Common Mistakes to Avoid
Even smart property owners make estate planning mistakes. Here are a few to watch out for:
- Not updating your plan when you buy or sell a property
- Leaving everything to chance by not putting anything in writing
- Ignoring debts or liens that affect your estate
- Forgetting about taxes that heirs may owe
- Using only a will, which still sends real estate through probate
Avoiding these mistakes can save your loved ones stress, money, and time.
What Happens If You Don’t Plan?
If you pass away without an estate plan, Florida law steps in. The court follows a legal process called intestate succession.
This often means:
- Your spouse and children may split ownership, even if that’s not what you wanted
- Each property must go through probate, which delays transfers and adds costs
- The court may appoint someone to manage the estate who doesn’t know your wishes
Without clear instructions, your heirs might argue. Homes might sit vacant, and the properties could lose value. We’ve seen families sell properties just to resolve conflicts. Planning now helps your loved ones avoid that stress.
Common Mistakes to Avoid
Even smart property owners make estate planning mistakes. Here are a few to watch out for:
- Not updating your plan when you buy or sell a property
- Leaving everything to chance by not putting anything in writing
- Ignoring debts or liens that affect your estate
- Forgetting about taxes that heirs may owe
- Using only a will, which still sends real estate through probate
- Forgetting to name backups — If your main heir passes first, a backup keeps the plan intact
- Not coordinating with financial accounts — Your trust or will should match your beneficiary designations
- Not planning for disability — If you’re alive but unable to manage your properties, someone needs clear authority
- DIY planning without legal help — Mistakes in wording or forms can undo your intentions
Frequently Asked Questions About Property in Estate Plans
Can I leave one property to more than one person?
Yes, you can. But shared ownership can get complicated. Everyone needs to agree on what to do—sell, rent, or keep it.
What if I still owe money on a property?
That’s okay. Your estate can pay it off, or your heirs can take over the loan, depending on the lender’s rules.
Do I need a new plan if I buy more property later?
Yes. Every time you buy or sell property, your estate plan should be reviewed and updated.
What if one heir wants to sell but others don’t?
That’s why it’s important to be clear in your plan. You can give instructions or appoint someone to make final decisions.
Don’t Forget Digital Records
Today, many important documents are stored online. That includes deeds, mortgage accounts, and property insurance.
Make sure your estate plan includes:
- A list of your digital property records
- Secure access info (kept in a safe place)
- Instructions for who can access them and when
If your heirs can’t find these accounts or files, managing your properties will be harder. Keeping this info organized saves time and reduces stress.
Why Expert Guidance from an Attorney Matters
Estate planning isn’t one-size-fits-all. It gets even more complex when you own multiple properties.
An experienced Florida estate planning attorney will ask the right questions. We’ll help you think about things you might not have considered.
We can explain the pros and cons of each option and how it fits your goals. Most importantly, we help you build a plan that works—not just now, but long into the future.
We’ve seen what works and what causes trouble. We’ll help you avoid the mistakes we’ve seen others make.
Talk to Our Florida Estate Planning Attorneys Today
Your properties matter. So does your peace of mind.
Our Florida estate planning attorneys have years of experience helping families protect what they’ve built. We know how to create smart, flexible plans that work across Florida and beyond.
When you work with us, you get:
- A free, no-obligation consultation
- Clear advice in plain language
- A plan tailored to your needs and assets
- A legal team that listens and follows through
We don’t believe in cookie-cutter solutions. We believe in doing it right.
Contact us today to schedule your free consultation. We’ll help you take the next step with confidence.
