Trust Creation Attorney
Trust Creation Attorneys in Florida
Quick Answers on Florida Trusts
- A trust avoids probate. Assets titled in a trust pass directly to beneficiaries without court-supervised administration, privately and usually within weeks.
- Revocable vs irrevocable is the central choice: a revocable trust keeps you in control but offers no creditor protection, while an irrevocable trust gives up control in exchange for asset protection and estate tax benefits.
- A trust only controls assets you actually transfer into it. Funding (retitling accounts and recording deeds) is the step most DIY trusts miss.
- Florida trusts are governed by Chapter 736 of the Florida Statutes (the Florida Trust Code).
- You can usually be your own trustee of a revocable trust during your lifetime, with a successor trustee who steps in at incapacity or death.
- Most trusts still need a pour-over will to catch any assets not retitled into the trust.
Establish Your Florida Trust
Free initial consultation. We'll help you choose the right trust structure and make sure it is funded correctly, the step that determines whether a trust actually works.
What the firm's trust practice covers
Brett Halperin leads the firm's estate planning, probate, trust administration, elder law, and asset protection practice. A trust is a legal arrangement in which a trustee manages assets for the benefit of designated beneficiaries. A well-built trust lets you direct exactly how and when assets pass, keep that process private, avoid probate, and, depending on the structure, protect assets from creditors and reduce estate tax exposure. The firm drafts and funds the four trust types Florida families use most.
Revocable Living Trusts
A revocable living trust lets you keep full control of your assets during your lifetime, including the ability to amend or revoke it at any time. At death, the trust transfers assets directly to your beneficiaries, bypassing probate and keeping the distribution private. These trusts are drafted to comply with Chapter 736 of the Florida Statutes. They are the most common tool for probate avoidance, privacy, and incapacity planning.
Irrevocable Trusts
An irrevocable trust permanently transfers ownership of assets out of your estate. In exchange for giving up control, you gain substantial benefits: the assets can be removed from your taxable estate and shielded from future creditors. These structures are used for estate tax reduction and asset protection, and they include specialized forms such as irrevocable life insurance trusts.
Special Needs Trusts
A special needs trust provides ongoing financial support for a beneficiary with a disability without jeopardizing their eligibility for government assistance programs such as Medicaid and SSI. The trust supplements, rather than replaces, public benefits, enhancing quality of life while preserving eligibility. These are tailored to each family's situation.
Charitable Trusts
A charitable trust combines philanthropic goals with estate planning. A charitable remainder trust or charitable lead trust lets you support causes that matter to you while providing income or tax benefits to you and your heirs. These structures pair a meaningful legacy with favorable tax treatment.
Florida trust types at a glance
| Trust Type | What it does | Changeable? |
|---|---|---|
| Revocable Living Trust | Avoids probate, keeps distribution private, and lets you stay in control during life | Yes, anytime |
| Irrevocable Trust | Removes assets from your taxable estate and shields them from creditors | Generally no |
| Special Needs Trust | Supports a disabled beneficiary without affecting government benefit eligibility | Depends on type |
| Charitable Trust | Supports a cause while providing income or tax benefits | Depends on type |
Revocable vs irrevocable trust: how do you choose?
This is the central decision in trust planning. The trade-off is control versus protection.
| Feature | Revocable Living Trust | Irrevocable Trust |
|---|---|---|
| Can you change it? | Yes, amend or revoke anytime during life | Generally no, with limited exceptions |
| Control of assets | You retain full control | Control passes to the trust and trustee |
| Avoids probate | Yes | Yes |
| Creditor protection | Generally none | Yes, when properly structured |
| Estate tax treatment | Assets stay in your taxable estate | Assets removed from your taxable estate |
| Best for | Probate avoidance, privacy, incapacity planning | Asset protection, estate tax reduction |
A fuller comparison of trusts against wills is in why Florida residents are choosing living trusts over wills.
Funding a Florida trust
Funding means transferring ownership of property into the trust: retitling bank and brokerage accounts, recording new deeds for real estate, and updating beneficiary arrangements where appropriate. Without funding, the trust cannot control or distribute those assets, and they may still pass through probate. This is the single most overlooked step in trust planning, and the firm walks every client through it.
Not every asset belongs in a trust. Retirement accounts such as IRAs and 401(k)s usually pass by beneficiary designation and can trigger tax problems if retitled into a trust. Our guides cover what assets should and shouldn't go into a Florida trust and how to fund a Florida trust and avoid common mistakes.
Not sure which trust fits your situation?
A short consultation usually answers it. Call (561) 672-1161 or submit through the contact form and an attorney will walk you through the options.
Choosing and serving as a trustee
The trustee manages the trust's assets and carries real legal responsibility. Under Florida law, a trustee must manage assets prudently, act in the best interest of the beneficiaries, follow the written terms of the trust, keep accurate records, and provide accountings when required. Breaching these fiduciary duties can create personal liability.
Most people serve as their own trustee of a revocable trust during life, naming a successor trustee to step in at incapacity or death. Choosing a reliable successor is one of the most important decisions in the whole plan. Our guide on naming a trustee in Florida covers the duties and how to choose well.
Most trusts that fail are not badly drafted. They are never funded. A trust controls only the assets actually titled in its name, so a beautifully drafted trust with an unfunded brokerage account or a house still in your personal name does nothing for those assets, and they land in probate anyway.
The implication: the signing appointment is the halfway point, not the finish line. Retitling accounts and recording deeds is what makes the trust real. Plans that treat funding as an afterthought routinely leave the largest assets outside the trust, which is exactly the outcome the trust was meant to prevent.
How trust planning fits the rest of your estate plan
Trusts rarely stand alone. They work alongside a complete estate plan (will, powers of attorney, healthcare documents), the firm's asset protection work, and, when a death occurs, probate administration. Snowbirds and recent relocators in particular use revocable trusts to avoid ancillary probate on property in more than one state, covered in our guide on estate planning for Florida snowbirds.
Routine trust drafting is handled on a flat-fee basis, with cost certainty disclosed before engagement. Complex tax-driven or multi-trust matters may use alternative billing arrangements.
Why work with Kelley, Grant & Tanis, P.A.
Brett Halperin leads the firm's estate planning, probate, trust administration, elder law, and asset protection practice. All firm attorneys are members in good standing of the Florida Bar. Full attorney bios are on the attorneys page.
The firm has two offices in South Florida and serves trust clients throughout Florida:
- West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401
- Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432
Frequently Asked Questions
How is a trust different from a will?
A trust can manage assets during your lifetime and after your death, keeps the distribution private, and avoids probate for assets titled in it. A will takes effect only after death and must go through probate court. Many Florida families use both, with a trust holding the major assets and a pour-over will catching anything left out.
Should I choose a revocable or irrevocable trust?
It depends on your goal. A revocable trust keeps you in full control and is best for probate avoidance, privacy, and incapacity planning, but it offers no creditor protection. An irrevocable trust requires giving up control in exchange for asset protection and estate tax benefits. An attorney helps weigh the trade-off against your situation.
Can I change a trust after it is created?
A revocable trust can be amended or revoked at any time during your lifetime. An irrevocable trust generally cannot be changed once established, though limited exceptions and modification techniques may apply under Florida law.
What assets should and should not go into a Florida trust?
Most assets can go into a trust, including real estate, investment and bank accounts, and personal property. Retirement accounts such as IRAs and 401(k)s usually pass by beneficiary designation and can trigger tax problems if retitled into a trust. Our guide on what assets should and shouldn't go into a Florida trust covers the details.
How do I properly fund a Florida trust?
Funding means transferring ownership into the trust by retitling accounts and recording deeds for real estate. A trust only controls assets actually titled in its name, so unfunded assets still pass through probate. See how to fund a Florida trust for the common mistakes to avoid.
Can I serve as my own trustee?
Yes. Most people name themselves trustee of their revocable trust during their lifetime, which lets them keep control of the property while alive and competent. A successor trustee then steps in at incapacity or death, so choosing a reliable successor matters.
What are a trustee's legal duties in Florida?
A Florida trustee must manage assets prudently, act in the beneficiaries' best interest, follow the trust's written terms, keep accurate records, and provide accountings when required. Breaching these fiduciary duties can result in personal liability. Our guide on naming a trustee in Florida explains how to choose wisely.
Can a trust protect my assets from creditors?
An irrevocable trust may provide creditor protection when properly structured. A revocable trust generally does not, because you retain control of the assets. Effective asset protection often combines trusts with other Florida strategies, and the type and structure of the trust determine the level of protection.
Do I still need a will if I have a trust?
Usually yes. Most plans include a pour-over will that directs any assets not titled in the trust to be transferred into it after death. Without it, untransferred property can still pass under Florida's intestacy laws. A combined approach provides the most complete coverage.
Do I need a lawyer to create a trust in Florida?
Generic online forms may not comply with Florida's trust laws, and improper drafting or funding can invalidate protections or create tax problems. An attorney makes sure the trust is legally enforceable, properly funded, and aligned with your long-term goals.
Ready to Establish Your Trust?
Talk with a Florida trust attorney about the right structure for your assets and family. We serve clients across Florida from our West Palm Beach and Boca Raton offices.
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