Living Trust Florida Laws

Florida has a simplified probate process for small estates.

Living trust florida laws.

In florida it is not always possible to add your home to your trust or you may need special language in the trust agreement to make this possible due to restrictions in the law. In the state of florida a living trust can be utilized to avoid probate upon the death of the grantor s of the trust. The chapter is known as the florida trust code. Is a living trust a good idea for a single person or someone who doesn t have children.

The basic parts of a florida revocable living trust. A revocable living trust allows you to buy additional real estate at any time during your lifetime in the name of the trust whether in florida or outside the state. The problem is that florida law provides that revocable trust is liable for the estate debts of the decedent. The revocable or living trust is often promoted as a means of avoiding probate and saving taxes at death and is governed by chapter 736 florida statutes.

The revocable trust has certain advantages over a traditional will but there are many factors to consider before you decide if a revocable trust is best suited to your overall estate. In contrast to a revocable living trust a testamentary trust in florida is one that is formed upon the death of the trustmaker. And there is a 2 year statute of nonclaim. In fact the florida supreme court holds that the preparation of a living trust by anyone other than a licensed attorney constitutes the unauthorized practice of law.

Florida law also allows a person to create a trust to care for their animals after they die. Florida trusts are governed by chapter 736 of the florida statutes. In other words if someone dies with a revocable trust at. Florida revocable living trusts vs.

A living trust is a trust that a florida resident makes during their lifetime for their own benefit and for the benefit of a spouse and designated people after their death. This type of trust only lasts for the life of the animal and immediately terminates upon the animal s death. Iras 401 k s and keough plans are never eligible for placement in a revocable living trust. Florida uses the uniform probate code which simplifies the probate process so making a living trust may be more trouble than it saves.

Any property placed in an animal trust must be solely for the care of the animal. It is much more difficult for heirs to contest a revocable living trust than it is for them to contest a will plus it is much quicker to make beneficiary distributions with a. Often testamentary trusts are used as part of a last will and testament to. Your living trust which you rely upon to speak for you when you cannot should be drafted by a qualified florida elder law attorney with experience in estate planning a complicated area of law.