Wills and Trusts
Documents that work together, drafted to last.
A clear will, a properly funded trust, and a small set of supporting documents. The right combination protects your family for decades.
A will and a trust are not interchangeable. They do different work, and most Florida estate plans use both. A will is a public document that takes effect at death and almost always passes through probate court. A trust is a private agreement that can hold property during your lifetime, manage it if you become incapacitated, and distribute it at death without court involvement.
For most of our clients, the right answer is a revocable living trust paired with a pour-over will, durable powers of attorney, and a healthcare directive. The trust holds the assets that should avoid probate. The pour-over will catches anything left outside the trust at death and directs it into the trust for distribution.
Some clients need irrevocable trusts as well. Irrevocable life insurance trusts can keep insurance proceeds outside the taxable estate. Irrevocable Medicaid trusts can shelter assets while qualifying a spouse for long-term care benefits, when planned years in advance. Special-needs trusts protect a disabled beneficiary without disqualifying them from public benefits. We use these tools selectively, only when the benefit clearly justifies the loss of control.
Drafting is only part of the work. A trust that is not funded does nothing. After signing, we walk you through retitling accounts, deeds, and beneficiary designations so the documents actually do what they are written to do. We also stay available afterward, because plans need to evolve as families do.
Above all, we write in plain English wherever the law allows it. You should understand every page you sign, and you will leave our office knowing exactly what each document does and when it will be used.
Common questions
Questions families ask us first
Is a will enough on its own in Florida?
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For some smaller estates, yes. For most families, a will alone means the estate must pass through probate. A revocable living trust paired with a pour-over will usually offers a smoother result, with privacy and continuity if you become incapacitated.
What is a pour-over will?
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A pour-over will works alongside a living trust. It catches any property that was not titled in the trust during your lifetime and pours it into the trust at death. It is a backstop, not a replacement for funding the trust properly.
Revocable or irrevocable trust, which do I need?
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A revocable trust can be changed during your lifetime and is the right choice for most families focused on probate avoidance. An irrevocable trust gives up control in exchange for benefits like Medicaid planning, asset protection, or estate tax reduction. We recommend the type that fits your goals, never the other way around.
Will my trust avoid Florida probate automatically?
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Only if it is properly funded. A trust can only control assets that are titled in its name or have it named as beneficiary. We help you fund the trust at signing, and we provide written instructions for assets that come later.
Can I name a Florida bank or trust company as trustee?
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Yes, and for some families it is the right choice. We will discuss the tradeoffs of naming a family member, a corporate trustee, or a co-trustee arrangement so you make an informed decision.
Speak with an attorney
Your first conversation with our office is always free.
Call our Largo office or send us a note. We answer questions in plain language, and we will tell you honestly what your situation needs.