Protect Your Assets and Ensure a Smooth Transfer with Florida Trusts

A trust is a powerful estate planning tool that provides control, privacy, and protection for your assets. In Florida, trusts allow you to manage how and when your wealth is distributed while avoiding probate. Whether you're safeguarding assets for loved ones, protecting against creditors, or minimizing taxes, our team helps you create a customized trust that meets your needs and adheres to Florida state laws.

Why Trusts Matter in Florida

Trusts offer flexibility and protection that go beyond a will. They allow you to:

Avoid Probate

In Florida, assets held in a trust bypass the probate process, allowing for faster distribution to beneficiaries.

Protect Assets

Shield wealth from creditors, lawsuits, and divorce settlements under Florida’s trust laws.

Set Conditions

Set conditions for when and how beneficiaries receive their inheritance.

Minimize Taxes

While Florida has no state estate tax, trusts can reduce federal estate and gift taxes.

Ensure Privacy

Unlike wills, trusts do not become part of the public record during estate settlement.

Trusts can be tailored to fit your unique circumstances, whether you're providing for minor children, supporting a family member with special needs, or preserving generational wealth.

Common Types of Trusts in Florida

Florida recognizes various types of trusts, each serving different estate planning goals:

Revocable Living Trust

Allows you to maintain control of your assets during your lifetime and seamlessly transfer them to beneficiaries upon death. This trust can be amended or revoked at any time and is commonly used in Florida to avoid probate.

Irrevocable Trust

Once established, this trust cannot be modified, offering enhanced asset protection and potential tax benefits. Florida law provides strong protection for irrevocable trusts against creditors.

Special Needs Trust

Protects the financial interests of individuals with disabilities while preserving eligibility for Medicaid, SSI, and other government benefits.

Testamentary Trust

Created through a will and activated after death to manage inheritance for minors or beneficiaries with specific needs.

Each type of trust serves different goals, from avoiding probate to protecting wealth for future generations.

How Trusts Work in Florida

Trusts involve three key roles:

  1. Grantor (Settlor): The person who creates the trust and transfers assets into it.
  2. Trustee: The individual or institution managing the trust according to the grantor's instructions. In Florida, trustees have fiduciary duties under the Florida Trust Code (Chapter 736).
  3. Beneficiary: The person or entity receiving the trust’s benefits.

Assets placed in a trust are legally owned by the trust, not the individual, ensuring smooth asset transfer and protection from probate and potential liabilities.

Trusts and Estate Planning in Florida

Trusts are often used alongside a will to create a comprehensive estate plan. While a will directs asset distribution, a trust provides more control and protection. In Florida, trusts can also:

  • Avoid Probate: Florida probate can be lengthy and costly, making trusts an essential tool for simplifying estate settlement.
  • Protect Minor Children: Trusts hold assets until children reach a specified age or milestone.
  • Support Charitable Giving: Charitable remainder trusts allow you to donate while retaining income during your lifetime.
  • Preserve Generational Wealth: Dynasty trusts can protect assets for multiple generations while avoiding probate for future heirs.

While Florida has no state estate or inheritance tax, trusts can help minimize federal estate taxes, especially for high-net-worth individuals.

Senior man examining last will and testament

When to Consider a Trust in Florida

You might benefit from a trust if you:

Want to simplify the estate settlement process.

Have minor children or beneficiaries with special needs.

Own significant assets, including real estate.

Wish to protect assets from creditors or divorce settlements.

Seek to minimize federal and state estate taxes.

Whether your estate is simple or complex, trusts provide peace of mind, ensuring your wishes are carried out while protecting your loved ones.

Protect Your Legacy with a Customized Florida Trust

A trust is more than just an estate planning tool—it's a way to safeguard your wealth and ensure your wishes are honored. Our experienced team provides personalized guidance to help you create a trust that meets your unique needs while complying with Florida-specific legal requirements under the Florida Trust Code.

Take control of your legacy—contact us today to learn how a trust can protect your assets and provide for your loved ones with confidence.

Serving Our Communities With Dignity and Compassion

At The Law Offices of Clifford M. Cohen, we believe estate planning is for everyone. From wills and trusts to advanced estate planning strategies, we are the experienced choice for young couples, middle-class families, and high-net-worth individuals. Contact us today to get started.

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