A will is a document that states how you want your assets distributed after you die. It takes effect at death and must go through probate, the court-supervised process for transferring property to your beneficiaries. A trust is a legal arrangement in which you transfer ownership of assets to the trust during your lifetime, to be managed and distributed according to its terms. Trusts can take effect immediately, avoid probate, and offer more control over how and when beneficiaries receive what you leave them.

A properly funded revocable living trust does avoid probate in Florida. When your assets are held in the trust at the time of your death, they pass directly to your beneficiaries without court involvement. This saves time, reduces costs, and keeps your estate private. The key word is “funded,” as a trust that exists on paper but holds no assets will not spare your family from the probate process.

A revocable living trust can be amended or revoked at any time while you are alive and mentally competent. You can change beneficiaries, add or remove assets, replace your trustee, or modify the distribution terms. An irrevocable trust, by contrast, generally cannot be changed once it is signed without the consent of all beneficiaries and, in some cases, court approval. Most people start with a revocable trust precisely because it retains that flexibility.

Florida has no state income tax and no estate tax, so trusts are not subject to those at the state level. Assets held in a revocable living trust are still part of your taxable estate for federal purposes, because you retain control over them during your lifetime. Irrevocable trusts can, in some circumstances, remove assets from your taxable estate. Whether a trust affects your federal tax situation depends on how it is structured. Our dedicated estate planning attorney can help you evaluate the options based on the size and composition of your estate.

Your trustee will manage trust assets, follow the trust’s terms, keep records, and distribute property to your beneficiaries. For a revocable living trust, most people name themselves as the initial trustee and designate a successor trustee to step in if they become incapacitated or die. That successor can be a trusted family member, a close friend, or a professional fiduciary. The right choice depends on the complexity of your estate, the dynamics of your family, and how much responsibility you want to place on a personal relationship.

Funding a trust means retitling your assets so they are owned by the trust, including real estate, bank accounts, investment accounts, and other property. If an asset is never transferred into the trust, it is not governed by the trust’s terms when you die. It may end up going through probate instead, which defeats much of the purpose of having a trust in the first place. Reviewing and updating the funding of your trust as your assets change is one of the most commonly overlooked parts of estate planning.

The cost varies depending on the complexity of your estate, the type of trust, and what else your plan requires, such as:

• Pour-over will
• Powers of attorney
• Healthcare directives

Peace of Mind Broward works with families across a range of situations and can give you a clear picture of fees during your initial planning session. What is worth considering is the cost of not having a plan: probate in Florida can take months and cost a meaningful percentage of the estate.

A trust is worth considering for most Florida families, but it is not the right tool in every situation. If you own real property in Florida, want to avoid probate, have minor children or a beneficiary with special needs, or come from a blended or non-traditional family structure, a trust often provides protections that a will alone cannot. The best way to know is to have a conversation with our firm, which can look at your specific circumstances.

Formal administration typically takes between six months and one year for straightforward estates, though contested matters or complex assets can extend the timeline significantly. Summary administration can often be completed within a few weeks if the court’s requirements are satisfied promptly.

No. Assets with designated beneficiaries, jointly held property with survivorship rights, and assets held in trust generally transfer outside of probate. Only assets titled solely in the decedent’s name without a beneficiary designation are typically subject to probate administration.

Florida law restricts who may serve as personal representative in most cases, and non-Florida residents may only serve if they are a legally recognized relative of the decedent. An out-of-state personal representative who does not qualify under Florida law cannot be appointed, even if named in the will.

When a person dies intestate (without a valid will), Florida’s intestacy statutes in Chapter 732 determine who inherits the estate. The order of priority generally favors a surviving spouse, then descendants, then other relatives, which may not reflect what the decedent would have chosen.

A trust does not replace a will entirely. Most clients with a revocable trust also execute a pour-over will, which directs any assets not already in the trust to be transferred into it at death, ensuring all assets are administered according to the client’s plan.

Florida bar guidance recommends reviewing estate planning documents every three to five years and after any major life event, including marriage, divorce, the birth of a child, a significant change in assets, or the death of a named beneficiary or fiduciary. Outdated documents can create legal complications that are difficult and costly to resolve after death.

Florida law does not recognize handwritten wills without proper witness signatures, and a will that fails to meet the state’s formal execution requirements is invalid. While Florida residents are legally permitted to draft their own wills, errors in form or language frequently result in unintended distributions or contested proceedings.

Funeral homes owe a duty of care to the families they serve. Negligence occurs when they fail to meet that standard and cause harm as a result. Examples include misidentification or mishandling of remains, unauthorized cremation, failure to follow the family’s instructions for services or burial, improper preparation of the body, loss of personal property or cremated remains, and breaches of the contracts families sign at one of the most vulnerable moments of their lives.

Florida’s statute of limitations for most negligence claims is two years from the date you knew or should have known about the harm. In funeral negligence cases, families sometimes do not discover the misconduct until weeks or months after the funeral. The clock typically begins running when you learn of the problem, not necessarily when it occurred, but this area of law has nuance, and waiting too long can bar a valid claim entirely. If you suspect something went wrong, speaking with our law firm sooner is better than later.

Damages in funeral home negligence cases can include compensation for emotional distress, mental anguish, and the loss of the ability to properly grieve. Florida courts have recognized that the mishandling of a loved one’s remains causes a distinct and serious form of harm. Depending on the facts, families may also recover for breach of contract, out-of-pocket costs for correcting the funeral home’s errors, and, in cases of particularly egregious conduct, punitive damages.

Emotional distress is often the central harm in these cases, and it is also one of the hardest things to prove without legal help. Funeral homes and their insurers will challenge whether the distress is compensable and how serious it is. Our attorney has extensive experience in this area and knows how to document the harm, build the claim, and counter those arguments. If you are wondering whether what happened to your family rises to the level of a legal claim, a consultation with Peace of Mind Broward is the right starting point.

Yes. Florida law allows families to bring civil claims against funeral homes for negligence, breach of contract, and intentional infliction of emotional distress, among other theories. The Florida Department of Financial Services also licenses and regulates funeral homes, and a pattern of misconduct can lead to administrative action in addition to civil liability. If a funeral home failed your family, you have legal options worth understanding.