Living Trusts in Florida

A revocable living trust is a legal arrangement in which you transfer your assets to a trust you control during your lifetime, with instructions for what happens when you pass away or become incapacitated. For many Florida families, it’s the centerpiece of an estate plan.

Why Florida families use living trusts

Avoiding probate. Assets properly titled in a living trust pass to your beneficiaries without going through Florida probate court — often saving months of delay and court costs.

Privacy. Probate files are public records; a trust administration is not.

Incapacity planning. If you become unable to manage your affairs, your successor trustee steps in without a court-supervised guardianship.

Multi-state lives. If you own property in Florida and another state (like New York), a trust can spare your family from probate in two states.

What a living trust does NOT do

A living trust doesn’t avoid the need for a will entirely — you still need a “pour-over” will to catch anything left outside the trust. It doesn’t by itself reduce taxes for most families. And an unfunded trust — one you never retitled your assets into — accomplishes very little. Funding the trust is where many DIY plans fail, and it’s a core part of our process.

Living trust vs. will in Florida

A will is simpler and less expensive up front but guarantees probate for assets in your individual name. A trust costs more to establish but can save your family time, cost, and publicity later. The right answer depends on your assets, your family, and your goals — that’s the conversation we have in your consultation.

Talk to a Boca Raton trust attorney — in person or by video, wherever you are in South Florida: (561) 226-3933.