Jurisdiction

Florida

TrustSphere Legal serves Florida clients from our Clearwater office, with attorneys admitted to The Florida Bar handling estate, real estate, business and litigation matters. Florida's constitutional homestead, Land Trust Act and expedited foreclosure procedure reward planning built for the state.

Florida law rewards planning that was built for Florida. A deed, a will, an LLC or a trust that works in another state can fail here, not because Florida is vaguely different, but because specific constitutional provisions and statutes decide the outcome. Our Florida work is handled from our Clearwater office by attorneys admitted to The Florida Bar.

The rules that shape Florida matters

Homestead

Article X, section 4 of the Florida Constitution exempts a natural person's homestead from forced sale with no dollar cap, limited instead by land: 160 contiguous acres outside a municipality, or one-half acre inside one. The same section bars devising the home away from a surviving spouse or minor child, and sections 732.4015 and 732.401 of the Florida Statutes carry that restriction into trusts and intestate succession. Asset protection and estate plans have to be built around both halves.

Land trusts and titling

The Florida Land Trust Act, section 689.071, lets a trustee hold title under a recorded deed while the beneficiaries stay off the public record, and section 689.073 protects buyers and lenders who rely on the trustee. Documentary stamp tax, charged under section 201.02 on consideration that includes the mortgage and on transfers of beneficial interests, is the usual trap.

Entities and restrictive covenants

Florida LLCs are governed by Chapter 605. The annual report is due between January 1 and May 1, a company that has not filed cannot maintain or defend a lawsuit, and a charging order is the exclusive remedy against a member's interest in a multi-member LLC. Restrictive covenants are enforceable under section 542.335, and the 2025 CHOICE Act allows noncompetes of up to 4 years for higher-paid employees.

Probate and estates

Creditors must file within 3 months after the first publication of notice to creditors, and claims are cut off 2 years after death. Since July 1, 2026, summary administration is available for estates of $150,000 or less, up from $75,000.

Courts and disputes

County court hears civil claims up to $50,000; larger cases go to circuit court. Our Clearwater office sits in the Sixth Judicial Circuit, whose appeals go to the Second District Court of Appeal. Offers of judgment under section 768.79 can shift attorney's fees, foreclosure is judicial and can be expedited through an order to show cause under section 702.10, and many disputes with homeowners' associations require presuit mediation under section 720.311.

Our Florida office and attorneys

Aaron Bedy, Of Counsel, is admitted to The Florida Bar and the State Bar of Georgia and handles estate planning, probate and real estate. Jake Blanchard, Of Counsel, is admitted to The Florida Bar and the U.S. District Court for the Middle District of Florida and handles business law and litigation. Jacob M. Stern, Of Counsel, is admitted to The Florida Bar and handles litigation, business law and real estate.

Where to start

Each Florida practice page below sets out the statutes, deadlines and procedures behind that service. Start with Asset Protection in Florida and Land Trusts in Florida if you are protecting a home or investment property, or Estate Planning in Florida for wills, trusts and probate. Business Law in Florida covers entity formation and agreements, and Business Litigation in Florida and Litigation in Florida cover disputes. Real Estate Law in Florida covers closings, title, foreclosure and condominiums.

If you are unsure which applies, request a consultation. It is confidential, and we respond within one business day.

Office
Clearwater, FL

4590 Ulmerton Road, Suite 300
Clearwater, FL 33762

Practice areas in Florida

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The first consultation is confidential, and we respond within one business day.

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