Estate Planning and the Florida Constitution
Homestead Protection
Present in Texas, Georgia, and California but not Virginia, New York, or Wyoming
Devise Restrictions (limitations on bequeathing homestead)
Not present in Texas, Georgia, California, Virginia, Wyoming, or New York.
Inurement to Family (automatic transfer to family)
Present in Texas, but not Georgia, California, New York, Virginia, or Wyoming.
Estate Planning Provisions in the State Constitution
Present in Texas, Georgia, and California but not Virginia, New York, or Wyoming.
Right to Privacy
Supports and Protects advanced healthcare directives, living wills, and healthcare surrogates.
Access to Courts
Guarantees access to Probate, guardianship, and trust litigation, and is used to challenge undue influence, lack of capacity, and breach of fiduciary duty by trustees or personal representatives.