Experienced Wills and Trusts Lawyer Serving Broward County

A revocable living trust is one of the most effective tools in Florida estate planning. Unlike a will, a trust does not pass through probate. Assets held in trust transfer directly to beneficiaries according to the trust’s terms, privately and without court involvement.

The grantor (the person who creates the trust) typically serves as the initial trustee, maintaining full control over trust assets during their lifetime. The grantor may amend or revoke the trust at any time while competent. Upon death or incapacity, a successor trustee steps in to manage and distribute assets according to the trust document.

Key advantages of a revocable living trust in Florida include:

• Probate avoidance: Assets held in trust bypass the probate process entirely, saving your family time and court costs.
• Privacy: Wills become public record once filed with the probate court. Trusts do not, keeping your financial affairs and beneficiary choices confidential.
• Incapacity planning: A revocable trust allows your successor trustee to manage your assets if you become incapacitated, without the need for court-ordered guardianship of your property.
• Multi-state property: If you own real estate in more than one state, a trust can avoid the need for ancillary probate proceedings in each state where property is located.

Irrevocable trusts serve more specialized purposes and, once established, generally cannot be modified or revoked without beneficiary consent. Despite this limitation, they offer significant advantages in the right circumstances:

• Medicaid planning trusts help seniors qualify for Florida Medicaid coverage of long-term care costs while preserving assets for heirs. Florida’s Medicaid rules impose a look-back period on asset transfers, making early planning essential.
• Asset protection trusts place assets beyond the reach of future creditors, which can be particularly valuable for business owners and professionals with liability exposure.
• Irrevocable life insurance trusts (ILITs) remove life insurance proceeds from the taxable estate, which can be a meaningful strategy for higher-net-worth individuals.

Our Broward County trust attorney evaluates whether an irrevocable trust structure is appropriate and, if so, which type best serves the client’s goals.

Families with a disabled loved one face unique estate planning challenges that standard wills and trusts do not fully address. Government benefit programs such as Supplemental Security Income (SSI) and Medicaid impose strict asset and income limits. A direct inheritance can disqualify a special needs individual from these programs, potentially eliminating access to care they depend on.

A special needs trust (also called a supplemental needs trust) is designed to hold and manage assets for a disabled beneficiary without affecting eligibility for government benefits. These trusts can fund quality-of-life expenses that public programs do not cover, including education, therapy, recreation, and personal items. A properly drafted special needs trust preserves both the inheritance and the beneficiary’s access to essential benefits.

Our Broward County wills and trusts attorney helps families evaluate whether a special needs trust is appropriate, and drafts the trust to comply with both Florida law and federal benefit program requirements.

A trust only controls assets that have been transferred into it, a process called funding. An unfunded or partially funded trust fails to deliver the probate-avoidance and control benefits it was designed to provide. Our firm assists clients with properly titling real estate, financial accounts, and other assets to ensure their trust functions as intended from the start.