A living trust is one of the most useful estate planning tools available in Florida, and one of the most misunderstood. A revocable living trust lets you transfer ownership of your assets into a trust you control during your lifetime, then pass those assets to your loved ones at death without going through probate court. You typically serve as your own trustee while you’re alive and well, keeping full control, and a successor trustee steps in only if you become incapacitated or pass away. Florida’s Trust Code, Chapter 736 of the Florida Statutes, governs how these trusts are created and managed.

Here’s the part most pages skip: a living trust only avoids probate for assets that have actually been transferred into it, a step called funding. Real estate has to be deeded into the trust, and accounts have to be retitled in the trust’s name. A trust that’s signed but never funded is a well-drafted document that does nothing to keep your family out of probate, which is the single most common reason these plans fail. That’s why we treat funding as part of the work, not an afterthought, and usually pair the trust with a pour-over will to catch anything left outside it.

It’s also worth being clear about what a revocable living trust does not do. It avoids probate, keeps your affairs private, and puts a plan in place if you can no longer manage things yourself. It does not shield your assets from creditors or eliminate estate tax. If someone promises you a revocable trust will do those things, that’s a reason to get a second opinion. Most people who come to us already have the instinct to plan ahead; what they want is a straight answer about whether a living trust fits, and what it actually accomplishes for their family. That’s exactly what your planning session is for.