Trust Creation Attorney Hollywood, Florida
Quick Answers on Hollywood Trust Creation
- Revocable living trusts avoid probate, maintain privacy, and manage assets during incapacity. They do not provide creditor protection for the grantor.
- Irrevocable trusts can provide creditor protection, remove assets from the taxable estate, and support multi-generational wealth transfer, but require giving up control.
- Florida has no state estate tax or inheritance tax. Trust planning is rarely about state estate tax avoidance and more about probate avoidance, privacy, and creditor protection.
- Hollywood trust matters route to the 17th Judicial Circuit Court in Broward County for any trust litigation or court-supervised trust administration.
- The trust only works if it's funded. Establishing a trust without re-titling assets into it leaves those assets exposed to probate regardless.
- Multi-state and international assets create coordinated planning needs that simple revocable trusts often don't fully address.
- Most Hollywood trust creation work is handled remotely or in person at our nearby Boca Raton office, approximately 30 to 40 minutes north.
Create Your Hollywood Trust
Free 30-minute consultation. We draft revocable living trusts, irrevocable trusts, special needs trusts, and Medicaid asset protection trusts for Hollywood retirees, working families, condo owners, and Caribbean and Latin American diaspora families. In-person consultations available at our Boca Raton office.
How Florida trusts work
A trust is a legal arrangement where one party (the grantor) transfers ownership of assets to another party (the trustee) to hold and manage for the benefit of one or more third parties (the beneficiaries). Florida trust law sits primarily in Chapter 736 of the Florida Statutes, the Florida Trust Code.
Trusts serve different purposes depending on type. The most common reasons Hollywood residents create trusts:
Probate avoidance. Assets properly titled in a revocable living trust pass to beneficiaries outside the probate process. For Hollywood residents with property in multiple states (or with privacy concerns), this is often the primary motivation.
Privacy. Florida probate filings are public records. A trust kept properly funded means most asset transfers happen privately, outside the court system.
Incapacity management. A funded revocable living trust allows the named successor trustee to manage assets if the grantor becomes incapacitated, without court-supervised guardianship proceedings.
Creditor protection. Properly structured irrevocable trusts can shield assets from future creditors, though the grantor must give up substantial control to achieve this.
Tax planning. Irrevocable trusts can remove assets from the grantor's taxable estate, supporting estate tax planning for high-net-worth households (though Florida itself imposes no state estate tax).
Multi-generational wealth transfer. Trusts allow grantors to control how and when beneficiaries receive assets across multiple generations, including provisions for grandchildren, blended families, and beneficiaries who need protected access to funds.
Trust types and when to use which one
| Trust Type | What it does well | Tradeoffs |
|---|---|---|
| Revocable Living Trust | Avoids probate, maintains privacy, manages assets during incapacity, easily amended | No creditor protection for grantor; no estate tax reduction |
| Irrevocable Life Insurance Trust (ILIT) | Keeps life insurance proceeds outside the taxable estate; provides liquidity at death | Cannot be amended once established; requires careful funding and gift planning |
| Spousal Lifetime Access Trust (SLAT) | Removes assets from taxable estate while preserving indirect access through spouse | Loss of direct control; complications on divorce or spouse's death |
| Special Needs Trust | Provides for a beneficiary with disabilities without disqualifying them from government benefits | Strict drafting and administration requirements; trustee carries ongoing compliance burden |
| Medicaid Asset Protection Trust | Shields assets from long-term care costs while preserving Medicaid eligibility | 5-year lookback applies; loss of control over transferred assets |
| Charitable Remainder Trust (CRT) | Income to grantor or beneficiary during life, remainder to charity; income tax deduction | Irrevocable; charitable remainder must be substantial |
| Generation-Skipping Trust | Transfers wealth to grandchildren or later generations with GST tax planning | Complex tax mechanics; long-term trustee succession planning required |
Our piece on trusts vs LLCs in Florida covers the choice between these vehicles for asset protection purposes.
Trust planning profiles in Hollywood
Hollywood's resident profile creates several distinct trust planning scenarios.
Retirees with multi-state assets. Hollywood has a substantial retiree population, many of whom moved from the Northeast, Midwest, or other parts of the country. Estates often include real estate, accounts, or business interests in the state of origin. A revocable living trust avoids ancillary probate in each state where real estate is held, consolidating distribution under one trust document.
Condo and beachfront property owners. Hollywood has substantial coastal mid-rise condo, beachfront, and Intracoastal Waterway property. Holding these in a revocable trust simplifies transfer at death, particularly for owners who travel or maintain residences elsewhere.
Caribbean and Latin American diaspora families. Hollywood has significant Caribbean and Latin American communities, with origins in Cuba, Haiti, Jamaica, the Dominican Republic, Colombia, Venezuela, and other countries. Trust planning for these families often involves coordination with assets held abroad and with cross-border inheritance considerations.
Working families with minor children. For households with minor children, a trust within or alongside a will can hold assets for the children's benefit until they reach an appropriate age. Direct inheritance by minor children creates court-supervised guardianship complications that proper trust drafting prevents.
Blended families. Trust planning for second marriages, stepchildren, and blended family arrangements is one of the highest-value applications of irrevocable or specifically-drafted revocable trust language. The trust can ensure specific beneficiaries receive specific assets in specific orders, preventing the conflicts that often arise when surviving spouses inherit outright.
Considering a trust for your Hollywood estate?
Free initial consultation in person at our Boca Raton office or by phone or video. Call (561) 672-1161 or submit through the contact form.
The biggest trust mistakes Hollywood residents make
Establishing a trust without funding it. The single most common trust failure is creating the document, then never re-titling assets into the trust. An unfunded trust avoids no probate. The home deed, bank accounts, brokerage accounts, and business interests all need to be re-titled in the trust's name for it to function.
Treating a revocable living trust as creditor protection. Revocable trusts are excellent for probate avoidance and privacy, but provide zero creditor protection for the grantor. Florida courts treat assets in a revocable trust as still owned by the grantor for creditor purposes. Creditor protection requires irrevocable structures.
Skipping the pour-over will. Even with a fully-funded trust, a pour-over will catches any assets that were missed during funding and directs them into the trust at death. Without a pour-over will, unfunded assets pass under intestacy rules.
Not coordinating beneficiary designations with the trust. Retirement accounts, life insurance, and annuities pass outside the trust based on beneficiary designations. When the trust says one thing and the beneficiary designations say another, the designations usually control. Coordinated drafting and regular review prevents this.
Naming the wrong successor trustee. The successor trustee will manage the trust if the grantor becomes incapacitated and after the grantor's death. Choosing a successor trustee who lacks financial sophistication, lives far away, or has conflicts with beneficiaries creates administration problems. For complex trusts, a professional or corporate trustee is often the better choice.
Hollywood residents who own coastal condos and beachfront property often discover too late that the trust's funding process is more involved than they expected, particularly for Florida condo and HOA-governed real estate.
Re-titling a Florida condo or HOA-governed home into a revocable living trust isn't just a deed transfer. Many condo and HOA documents include transfer-restriction language: board approval requirements before any conveyance, including a conveyance from an individual to that individual's own revocable trust; transfer fee assessments; estoppel certificate requirements; and (in 55+ communities) age verification of the trust's beneficiaries. Some lenders require notice or consent before the mortgaged property is transferred into a trust, even though the underlying ownership economics don't change. Title insurance policies may require an endorsement to maintain coverage through the trust transfer. Failing to handle these correctly can result in trust funding that doesn't fully transfer ownership, leaving the property exposed to probate after death despite the existence of the trust. Best practice for Hollywood condo and coastal property owners: confirm the community's transfer rules during the trust drafting phase, obtain any required board approvals before recording the deed, coordinate with the lender, refresh title insurance as needed, and verify post-transfer that the property tax records, insurance policies, and HOA records all reflect the new ownership.
Trust administration and the 17th Judicial Circuit
Hollywood falls within Florida's 17th Judicial Circuit, which covers Broward County. Trust litigation, contested trust matters, and court-supervised trust administration are filed with the Broward County Clerk of Court and heard at the Broward County Courthouse at 201 SE 6th St., Fort Lauderdale.
Most Florida trust administration happens without court supervision. The successor trustee follows the trust's terms, manages assets, files necessary tax returns, and distributes to beneficiaries on the schedule and conditions set by the trust. Court involvement is typically only required when there's a dispute over trust interpretation, a trustee removal action, or a request for court approval of specific actions.
Why work with Kelley, Grant & Tanis, P.A.
Brett Halperin leads the firm's trust creation, estate planning, probate, asset protection, and elder law practice. Brett earned his JD from the University of Florida Levin College of Law and his Bachelor's in Economics from the University of Florida, where he was a member of Florida Blue Key. He's a member in good standing of the Florida Bar. Full attorney bios on our attorneys page.
The firm maintains two offices in South Florida, both within reasonable driving distance of Hollywood:
- Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432 (closest to Hollywood, approximately 30 to 40 minutes north)
- West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401
Hollywood trust creation work is handled either in person at our Boca Raton office or remotely by phone, video, and remote online notarization (RON). Many Hollywood retirees prefer the remote workflow for the convenience; others prefer in-person consultations and document signings. Both work equally well.
Trust creation integrates with the firm's estate planning, probate, asset protection, and real estate practices.
Frequently Asked Questions
Does a revocable living trust protect my assets from creditors?
No. Florida courts treat assets in a revocable trust as still owned by the grantor for creditor purposes. Revocable trusts are excellent for probate avoidance and privacy but provide zero creditor protection for the grantor. Creditor protection requires irrevocable structures.
Do I still need a will if I have a trust?
Yes. A pour-over will catches any assets that were missed during trust funding and directs them into the trust at death. The will also names a personal representative and guardians for any minor children. Trust plus pour-over will is the standard combination.
How is a trust funded?
Funding means re-titling assets in the trust's name. For real estate, this is a deed transfer recorded in the county where the property sits. For bank and brokerage accounts, the account titling is updated with the financial institution. For business interests, the operating agreement and entity records are updated. Unfunded assets pass through probate regardless of the trust's existence.
Are there special considerations for transferring a Hollywood condo into a trust?
Yes. Many condo and HOA documents include transfer-restriction language that applies even to a conveyance from an individual to that individual's own trust: board approval requirements, transfer fees, estoppel certificates, and (in 55+ communities) age verification of beneficiaries. Lenders may require notice or consent. Title insurance may need an endorsement. Confirm these requirements during the trust drafting phase rather than discovering them at funding.
When should I consider an irrevocable trust instead of revocable?
Irrevocable trusts make sense when you need creditor protection, want to remove assets from your taxable estate (federal estate tax planning for larger estates), or want to support multi-generational transfer with control over how beneficiaries receive funds. The tradeoff is loss of control: once the trust is established and funded, you cannot freely access or change it.
What is a special needs trust and who needs one?
A special needs trust provides for a beneficiary with disabilities without disqualifying them from government benefits like SSI and Medicaid. Inheriting assets directly can put a disabled beneficiary over benefit eligibility thresholds, costing them medical and support services worth far more than the inheritance. Special needs trusts require strict drafting and administration.
How long does it take to set up a Hollywood trust?
For most revocable living trusts, two to three weeks from initial consultation to fully signed documents. Funding (re-titling assets into the trust) typically takes additional weeks depending on the number and complexity of assets involved. Complex irrevocable trusts or specialty trusts can take longer.
Can I meet with a Hollywood trust attorney in person?
Yes. Our Boca Raton office is approximately 30 to 40 minutes north of Hollywood. In-person initial consultations and document signings are routine. Remote online notarization (RON) and phone or video consultations are available for clients who prefer to handle the process without traveling.
Create Your Hollywood Trust
Free 30-minute consultation. We serve Hollywood retirees, condo and beachfront property owners, blended families, Caribbean and Latin American diaspora families, and working families with minor children. In-person or remote consultations available.
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