How can Big Waters Land Trust factor into your estate plan?

By Joshua P. Perez, Esq.

In Back to the Future Part II, Marty McFly gets transported to a 2015 dystopian version of his hometown, Hill Valley. The city’s public schools had been burned down, historic portions of downtown Hill Valley were leveled and replaced with toxic waste reclamation plants, and the town’s iconic courthouse was converted into a casino. Thankfully, Marty had a time machine and was able to go back in time and undo what had become of his beloved Hill Valley.

Florida in 2025 is very different than Hill Valley in 2015. And instead of a time machine to take us back to the past, as an estate planning attorney, I specialize in helping clients utilize a variety of legal tools to secure their future. The decisions that you make and plans that you create today will, at some point down the road, preserve your legacy.

No two estate plans are identical, and one person’s legacy goals could differ greatly from another’s. In some instances, clients are interested in what might seem to be a little bit unorthodox – their desire is to ensure the lasting beauty of their hometown for many generations after them. Rather than giving something that will only benefit their descendants, they want to give something to thousands and thousands of people, many of them, strangers.

Sometimes, those plans include making sure that the beauty of the Florida that they know and love is preserved and protected for generations to come.

There are many benefits to donating to a conservation land trust. Here are just a few:

  1. Financial Benefits
    1. Your estate may qualify for charitable income tax deductions if the donation meets IRS requirements.
    2. Estate tax reduction. Donating land or a conservation easement can lower the taxable value of your estate when you pass away, potentially reducing estate taxes.
    3. Property tax benefits. If you grant a conservation easement, it may reduce your property’s assessed value, which leads to lower property taxes.
  2. Legacy & Environmental Benefits
    1. Preserving family land. Donating or selling land for conservation, or granting a conservation easement ensures it remains protected from development.
    2. Environmental protection. The donation helps conserve wildlife, water resources, natural landscapes, and native animal & plant species.
    3. Community benefits. The conserved land can provide public or educational benefits, such as parks, trails, or research sites.

Flexibility in Donation Methods.

  • Full Land Donation – The estate can transfer complete ownership to the land trust.
  • Conservation Easements – The estate can retain ownership while legally restricting development to preserve conservation values.
  • Bargain Sale – Selling land below market value to the land trust provides partial financial return and tax benefits.
  • Bequests in Wills – A land donation can be designated in a will, allowing continued use during the owner’s lifetime.

Of course, specific tax benefits will vary person-to-person; you should talk to your accountant to learn which route is best for you and your estate. And if you are thinking about how you can create an estate plan that includes preserving the beauty of the Florida we know and love, I’d love to talk to you more.

Joshua P. Perez, Esq.
Attorney | Estate Planning & Probate
Berlin Patten Ebling PLLC

jperez@berlinpatten.com
941.907.9022
berlinpatten.com