Florida Trust Attorneys

Trusts can be a powerful tool in estate planning. They offer flexibility, privacy, and long-term control over managing and distributing your assets. But without careful planning, even a well-intentioned trust can lead to tax issues, unnecessary delays, or disputes between beneficiaries.

In Florida, trust law allows for various structures—each with distinct purposes, requirements, and implications. It is critical to understand which trust is appropriate and how it fits into the rest of your estate plan.

At the Law Office of Petrovitch & Kutub, we help clients establish, revise, and administer trusts as part of a larger strategy. Whether you want to avoid probate, provide for a loved one with special needs, or preserve wealth across generations, our team will guide you through every step. We ensure your trust complies with Florida law, reflects your goals, and works in harmony with other documents like your will or power of attorney.

With offices in West Palm Beach, Fort Lauderdale, and Boca Raton, we’re available throughout South Florida to support your planning needs.

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How Florida Trusts Help You Plan with Flexibility and Control

Understanding the Role of Trusts in Estate Planning

While wills and trusts are often viewed as alternatives, they serve distinct purposes in a complete estate plan. A will directs asset distribution through probate, whereas a trust allows property to pass privately and directly to beneficiaries—often more quickly and without court oversight.

We help clients assess when a trust should be added to their plan. In many cases, both tools are appropriate. For example, a revocable trust can manage your assets if you become incapacitated, while a pour-over will ensure anything left out of the trust is still appropriately handled. Working with a trust attorney ensures your strategy is built to support every phase of your life and legacy.

Common Trust Options for Florida Residents

Florida law permits several trust types, each serving different planning goals. Choosing the right one depends on your assets, family structure, and future intentions. Our firm regularly assists with:

• Revocable Living Trusts – Flexible and modifiable, these allow you to control your property while alive and streamline distribution after death.
  
• Irrevocable Trusts – Often used for tax planning or asset protection, the terms generally cannot be changed once created.
  
• Special Needs Trusts – Designed to support a disabled beneficiary without affecting their eligibility for government programs.
  
• Charitable Trusts – Support philanthropic goals while providing tax advantages and long-term oversight.
  
• Life Insurance Trusts – These manage life insurance proceeds outside the taxable estate.
  
• Spendthrift Trusts – Protect beneficiaries from creditors or their financial mismanagement.

Our role as a trust lawyer is to explain each option clearly and match the proper structure to your long-term objectives.

What Needs to Happen After You Create a Trust

Establishing a trust is only the first step. To make it effective, the trust must be “funded,” which means legally transferring ownership of assets into the trust. Without this step, the trust may have no control over the property it was intended to manage.

We assist with everything from re-titling real estate to coordinating with banks and financial institutions. That includes verifying that retirement accounts, business interests, and investment portfolios are structured correctly. As your trust attorney, we ensure your beneficiary designations are aligned and don’t conflict with your broader plan.

Key Situations That May Require a Trust Update

A trust should be reviewed regularly, not only when something goes wrong. Life events or changes in law can impact your original plan. Circumstances that may require an update include:

• Marriage, divorce, or remarriage
• The birth or adoption of a child
• Purchasing or selling significant property
• Moving to a new state or changing your domicile
• The death or incapacity of a named trustee or beneficiary
• Major shifts in tax laws or estate planning regulations

Our firm works with existing clients and new ones who need to update their old plans. A thorough review ensures that your trust continues to support your family, finances, and estate plan as intended.

What to Expect When Administering a Trust

When it’s time for a successor trustee to step in, the responsibilities can be more complex than many people anticipate. These include identifying and valuing assets, paying outstanding debts, notifying beneficiaries, and following the trust’s distribution terms. This must be done while complying with Florida trust law and keeping accurate records.

We support trustees through this process from start to finish. That includes advising on timelines, tax reporting, and legal duties. We also help clarify vague provisions and mediate family questions if needed. For many clients, keeping a legal advisor on hand throughout the trust administration process gives them peace of mind and reduces the risk of legal missteps.

Frequently Asked Questions

What is the main benefit of creating a trust in Florida?
Trusts help avoid probate, maintain privacy, and allow for more control over how assets are managed and distributed—both during life and after death.

Do I need a trust if I already have a will?
A will is essential, but doesn’t offer the same flexibility or privacy. A trust lawyer can help you determine whether both are necessary to meet your goals.

Can I change my trust after it’s created?
Yes—if it’s a revocable trust. You can amend or revoke the trust anytime, as long as you’re mentally competent. We help clients review and update their documents regularly.

Who manages the trust after I pass away?
Your chosen successor trustee takes over and follows the instructions in the trust. A trust attorney can provide legal support to ensure the process goes smoothly and complies with Florida law.

What happens if I forget to fund the trust?
If your assets aren’t properly transferred into the trust, they may still go through probate. We guide clients through the funding process to avoid this issue.

Local Guidance for Florida Families Creating Trusts

We provide trusted estate planning services throughout South Florida. With three conveniently located offices, we’re available to support individuals and families in:

• West Palm Beach
• Fort Lauderdale
• Boca Raton

Clients come to us with unique goals, and we build legal strategies that carefully and precisely reflect those goals. Whether creating your first trust or reviewing a plan written years ago, our team is ready to help you move forward confidently.