4 Types of Trusts in Florida: A Comprehensive Guide

When it comes to estate planning and asset protection, trusts in Florida have emerged as a powerful tool for individuals and families. Trusts offer a way to manage and distribute assets while providing flexibility, control, and potential tax advantages. In the state of Florida, there are four major types of trusts that serve various purposes and cater to different needs. In this blog, the experienced legal team of trust lawyers at Pujol Law delves into these four major types of trusts in Florida and their key features.

Florida Revocable Trust

A revocable trust, also known as a “living trust” or a “inter vivos trust,” a revocable living trust is a popular choice for many individuals in Florida. It allows the grantor (the person creating the trust) to maintain control over their assets during their lifetime while designating beneficiaries who will receive those assets upon the grantor’s passing. One of the key benefits of a revocable living trust is that it avoids probate, saving beneficiaries time and money.

Learn the difference between a revocable living trust and a will in our article here. 

Irrevocable Trust Florida

An irrevocable trust, as the name suggests, cannot be easily modified or revoked once it’s established. It offers several benefits, including potential tax advantages and protection against creditors. Common types of irrevocable trusts in Florida include irrevocable life insurance trusts (ILITs), charitable remainder trusts (CRTs), and Medicaid asset protection trusts (MAPTs).

Testamentary Trust Florida 

Unlike the previously mentioned trusts, a testamentary trust in Florida is created through a will and only takes effect after the grantor’s passing. It allows the grantor to outline specific instructions for asset distribution, making it a valuable tool for individuals with minor beneficiaries or those who want to stagger distributions.

h2 Special Needs Trust Florida

Also known as a supplemental needs trust, a special needs trust in Florida is type of trust is designed to benefit individuals with disabilities without jeopardizing their eligibility for government benefits such as Medicaid and Supplemental Security Income (SSI). A Florida special needs trust ensures that the beneficiary’s needs are met while preserving their access to essential assistance programs.

h2 Trusts in Florida 

Each of these major types of trusts in Florida offers unique benefits and considerations, making them suitable for different situations. To determine the most appropriate trust strategy for your specific needs, it’s crucial to consult with an experienced trust litigation lawyer.

Trusts are versatile tools that can play a vital role in estate planning, asset protection, and ensuring the seamless distribution of assets to beneficiaries. Whether you’re considering a revocable living trust, an irrevocable trust, a testamentary trust, or a special needs trust, seeking professional legal counsel is essential to navigate the complex legal landscape and make informed decisions that secure your financial future. 

h2 Looking for a Florida estate planning attorney? 

At Pujol Law, we are committed to assisting clients in Florida with comprehensive trust planning that addresses their unique circumstances and aspirations.We offer the attention of a specialized Florida estate planning attorney, who is well-versed in the intricacies of Florida trust law and can guide you through the process of creating a trust that aligns with your goals and safeguards your assets. Book a meeting with our Miami law firm to discuss your particular situation.

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