Setting Up a Trust in Florida

What is the Process of Setting Up a Trust in Florida?

Setting up a trust in Florida is an important step in ensuring that your assets are protected and your wishes are carried out after you pass away. However, the process of creating a trust can be complex, which is why it is important to work with our Maitland trust attorney, who can guide you through the process and ensure that your trust meets your unique needs and goals.

At Veliz Katz Law, we have years of experience in estate planning and can assist you with all aspects of setting up and managing a trust. We understand the intricacies of Florida estate planning laws and can help you navigate the process with confidence. Contact us today to schedule a free initial consultation and learn more about how we can help you plan for the future and protect your assets. 

What is a Trust?

A trust is a fiduciary arrangement that allows a trustee to manage assets on behalf of a beneficiary. The trust is created by a “settlor” who transfers assets or property to the trustee to hold and manage according to the terms of the trust agreement. 

A trust can be a powerful tool for managing and distributing assets according to your wishes. It can be arranged in many ways and can specify exactly how and when the assets pass to the beneficiaries. If you are considering setting up a trust, it is important to consult with our Maitland trust lawyer who can help you achieve your estate planning goals.

What are the Different Types of Trusts?

There are several different types of trusts, each with its own rules and purposes. Every trust is unique, and you need to coordinate the strategy and terms to fit your cohesive estate plan. Our Maitland FL trust attorney can help you decide which option is right for you. 

Revocable Living Trust

A revocable living trust, also known as inter vivos trust, is created during the lifetime of the settlor. The settlor retains control of the assets in the trust and can change the beneficiaries or the terms of the trust at any time. Most living trusts are “revocable” because you can change them as your circumstances or wishes change. 

Irrevocable Trust 

An irrevocable trust cannot be changed or revoked once it is created. The settlor transfers ownership of the assets to the trust, and the trustee has control over them. Once assets and property are transferred into an irrevocable trust, the settlor cannot take them out of the trust. Irrevocable trusts can be used for tax planning or asset protection purposes, as they remove the assets from the settlor’s estate for tax purposes and protect them from creditors.

Testamentary Trust

A testamentary trust is created by a will and goes into effect after the settlor’s death. The terms of the trust are outlined in the will, and the trustee is responsible for managing and distributing the assets according to those terms.

Charitable Trust

A charitable trust is set up to benefit a charitable organization or cause.  This type of trust offers many financial advantages for philanthropically minded individuals with assets such as stocks or real estate. Charitable trusts can also be structured to provide a reliable income stream to you and your beneficiaries for a certain period.

Special Needs Trust

A special needs trust is created to provide for the ongoing care and support of a person with special needs. It is meant to supplement government benefits provided to beneficiaries with a disability. The trust is designed to ensure that the person’s eligibility for government benefits is not affected by the assets in the trust.

Spendthrift Trust

A spendthrift trust is an ordinary trust intended to transfer and protect the assets of a beneficiary who may not be capable of managing them on their own. The trustee is responsible for managing the assets and distributing them to the beneficiary according to the terms of the trust.

Asset Protection Trust

An asset protection trust is designed to protect the assets of the settlor from creditors. The assets in the trust are protected from lawsuits, bankruptcy, or other legal claims.

What are the Benefits of Setting Up a Trust in Florida?

Trust has become an increasingly popular estate planning tool because of its many benefits. When you set up a trust, you make things easier for your family after your death. Our Florida trust attorney can explain the advantages of having a trust as part of your estate plan.

Avoid Probate

One of the main advantages of setting up a trust is that it can help your estate avoid probate, saving time, money, and stress. Probate is the legal process by which a court determines the validity of a person’s will, identifies their assets, and distributes them to their beneficiaries. 

Depending on the estate, as well as the assets and individuals involved, probate can become a lengthy and costly process, which may delay distributions to your beneficiaries and cut down on what they inherit. 

Asset Protection

Trusts can also be used for asset protection purposes. A trust allows you to transfer ownership of assets while preserving some control through the instructions in your trust agreement. A trust can act as a shield against those who have a negative interest in your property by transferring ownership to a trustee.

Reduce Estate Taxes

In some cases, trusts can allow for tax benefits that your family members would not receive through the traditional probate process. Assets and property in a trust can minimize estate taxes, reducing the overall burden.

Protect Privacy

A trust allows grantors and beneficiaries to preserve some anonymity. It provides a degree of privacy, as the terms of a trust are not generally made public like a will. This can be beneficial for those who prefer to keep their affairs private.

Protect Beneficiaries

Trusts allow you to set aside funds for beneficiaries who cannot manage the funds on their own. Aging parents, minor children, and other vulnerable family members might fall into this category. 

How Do I Set Up a Trust in Florida?

There are several key steps to take and many factors to consider when establishing trusts. Placing assets in a trust is a very important decision, which means you need to be certain you are making the right choices and have the right trust set up to meet your objectives. To set up a trust in Florida, you should identify your goals and strategize with the guidance of our Maitland trust lawyer. Here are the steps to setting up a trust:

  1. Set your goals for the trust and choose the type of trust you want to establish.
  2. Decide what property to include in the trust.
  3. Choose a successor trustee.
  4. Decide who will be the trust’s beneficiaries.
  5. Create the trust document.
  6. Sign the document in front of a notary public.
  7. Change the title of any trust property that has a title document.


Why Do I Need a Trust Attorney in Florida?

If you’re planning for your estate in Florida, you might want to consider setting up a trust. It can provide peace of mind knowing that your hard-earned assets will be cared for in a thoughtful manner. Every person’s situation is unique, and our Florida trust attorneys can help you create a trust that meets your specific goals and needs. At Veliz Katz Law, we are committed to:

  • Guiding you through the process of setting up a trust and ensuring that it is done in compliance with state laws. 
  • Helping you choose the type of trust that is best for you and your beneficiaries, draft a trust document that reflects your wishes, and help you navigate the complexities of funding the trust.
  • Providing ongoing legal support to ensure that your trust remains effective and meets your changing needs over time.
  • Helping you avoid common mistakes, such as failing to properly fund the trust or choosing the wrong type of trust.
  • Reviewing and updating your trust document as needed, and providing guidance on any legal or financial issues that may arise.

Our legal team will help you ensure that your trust is legally sound and that your assets are protected, giving you and your beneficiaries the confidence that your wishes will be carried out as you intended. Contact us today to schedule a free consultation and learn more about how we can help you with your estate planning needs.

Call Our Florida Estate Planning Attorney Now!

Setting up a trust is a way to help protect your assets and guarantee that your loved ones have financial stability for their future. A trust can help to avoid hefty estate tax and make sure that the majority of your money, shares, and equity are passed on to your chosen beneficiaries in the most efficient way. However, the process of setting up a trust can be complex and confusing, which is why it is important to seek legal advice from our Maitland FL trust lawyers at Veliz Katz Law. 

Our legal team will help you choose the type of trust that is best for you, draft a trust document, fund the trust, and review and update the trust as needed. We can help you complete paperwork and navigate the legal system more efficiently, allowing you to focus on other important aspects of your life. Contact us today to schedule a free consultation and learn more about how we can help you protect your family and your legacy.

From our office in Maitland, Florida, our estate planning law firm advocates for families throughout the area, including those in Orlando, Kissimmee, Winter Park, and Maitland. We also offer the following legal services:


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