Revocable Living Trust Attorney in South Florida

A Will outlines how assets should be distributed after death, but it generally goes through probate in Florida. A revocable living trust, on the other hand, allows assets placed into the trust to be transferred without probate. A trust can also provide instructions for managing assets if you become incapacitated. The right option depends on your goals, assets, and how much flexibility and privacy you want.

Yes, you still need a Pour-Over Will. This is a safety-net document that ensures any assets you forget to place (or "fund") into your Trust before your passing are automatically transferred ("poured over") into the Trust upon your death. Critically, the Will is also required to legally name a guardian for any minor children, which a Trust cannot do.

No. With a revocable living trust, you typically remain in control of your assets while you are alive and legally capable. You can manage, buy, sell, or change assets in the trust, and you may update or revoke the trust if your circumstances change. The trust only directs how assets are managed if you become incapacitated and how they are distributed in the future.

Yes, assets that are properly transferred into a revocable living trust typically avoid probate in Florida. This can help reduce delays, administrative costs, and public court involvement. However, the trust must be correctly prepared and funded to work as intended, which is why legal guidance is important.

A revocable living trust generally does not provide protection from creditors during your lifetime. Because you retain control over the assets in the trust, they are typically still considered available to satisfy valid creditor claims. The primary purpose of a revocable living trust is to help manage assets, avoid probate, and provide clear instructions, rather than asset protection. An attorney can explain what a living trust does and does not accomplish so expectations are clear.

In some situations, unmarried individuals may choose to use a single trust, but this depends on several factors, including how assets are owned and individual planning goals. In other cases, separate trusts may be more appropriate. A living trust attorney can review your circumstances and explain the available options so the trust structure aligns with your intentions and avoids complications later.

A revocable living trust can generally be updated or changed during your lifetime as long as you are legally able to do so. This flexibility allows the trust to evolve as circumstances change, such as moving, acquiring new assets, or adjusting beneficiary designations.

A revocable living trust can include instructions for how assets should be managed if you are unable to handle matters yourself. This can provide continuity and reduce the need for court involvement. The specific outcome depends on how the trust is structured and coordinated with other planning documents.

Funding the Trust is the process of formally changing the title of your assets (like real estate, bank accounts, and brokerage accounts) from your individual name to the name of your Trust. A Trust is just an empty document until it is funded. If you fail to fund your Trust, those assets will still have to go through probate. We provide detailed, personalized guidance on how to fund your Living Trust correctly to ensure it works as intended.