Florida Wills and Trusts Attorneys
Last updated on March 25, 2025
Understanding the Importance of Wills and Trusts
Wills and trusts are the primary tools that an estate planning attorney has at their disposal. They are – at their core – very similar to each other and accomplish the same task: providing heirs with assets according to their late loved ones’ wishes. However, there is so much more to remember about them.
At The King Firm, PA, our attorneys understand Florida estate planning and probate law backward and forward. They’re dedicated to our clients from Tampa Bay, St. Petersburg and across the state who turn to them for information and representation. Their attentive, detailed service can help you not just write the estate plan you want but also make savvy choices that reflect the complex nature of your legacy.
What is the Difference Between a Will and a Trust
While the goal of a will and a trust is the same, the way they go about meeting it is different. They are two separate legal strategies, and it’s essential to understand their distinctions, such as the following:
- Wills: A will is a legal document that you write with your attorney. It outlines your assets and how you wish to distribute them. It can also name your executor. In addition, it may be a vehicle to limit who your assets should and should not go to.
- Trust: A trust is a distinct legal entity that you can create with your attorney. It can hold assets, such as property or money. However, when your assets go to a trust, you are no longer technically the owner of those assets.
These two methods can work independently or together for your estate. You may create multiple trusts for multiple purposes if necessary. You have endless options.
How to Make the Right Choice
The biggest secret in estate planning law is that there is no one way to do anything. There are many ways to do the right thing for your heirs, legally speaking. Your only limit is what you think makes the most sense for your specific real-life situation.
That’s where our lawyers’ advice makes the most impact for our clients. They advise on options and guide you through your decision-making process. And, they don’t waste your time. Your time is as important to them as it is to you. Our attorneys make this process as fast and easy as they possibly can.
Frequently Asked Questions on Wills & Trusts
Estate planning can be a complex and confusing process, but being informed is the first step towards creating a comprehensive plan that reflects your wishes. Our FAQ section addresses some of the most frequently asked questions about wills and trusts, providing you with a better understanding of your options and how to make the best decisions for your unique situation.
Do I need a will if I already have a trust?
Having a trust is an excellent step in estate planning, but it’s not a replacement for a will. In Florida, a will is still necessary to cover assets that are not included in the trust, such as newly acquired property or assets that were not properly transferred into the trust. A will also allows you to name a guardian for minor children, which is not covered by a trust. By having both a trust and a will, you can ensure that your estate is distributed according to your wishes and that your loved ones are protected.
What happens if I die without a will in Florida?
Dying without a will in Florida can lead to unintended consequences. According to Florida’s intestacy laws, the state will determine how your assets are distributed, which may not reflect your wishes. This can lead to delays, legal disputes, and additional costs for your loved ones. To avoid this, it’s essential to have a will in place that outlines your wishes and ensures that your estate is distributed according to your desires.
Can a trust override a will?
In Florida, a trust can take precedence over a will for assets that are properly transferred into the trust. However, if an asset is not included in the trust and is instead addressed in a will, the terms of the will apply. It’s essential to work with an experienced estate planning attorney to ensure that your trust and will are aligned and that your wishes are carried out.
What is the difference between a Revocable Living Trust and an Irrevocable Trust?
A Revocable Living Trust allows you to retain control over your assets during your lifetime, while an Irrevocable Trust cannot be changed once it’s created. While an Irrevocable Trust may seem restrictive, it offers potential tax advantages and can provide asset protection. In Florida, it’s essential to understand the differences between these two types of trusts and to work with an experienced estate planning attorney to determine which one is right for you.
Is there a way to prevent my will from being contested?
Unfortunately no. While no will is entirely immune to challenges, there are steps you can take to minimize the likelihood of disputes. One effective strategy is to add a no-contest clause, which discourages beneficiaries from challenging the will. Additionally, working with an attorney to draft a clear and legally sound will, having witnesses, and discussing your intentions with your family can help prevent disputes.
Can I create a will or trust online, or do I need an attorney?
While online will and trust services exist, they often lack the personalized guidance to address unique estate planning concerns. In Florida, it’s essential to work with an experienced estate planning attorney to ensure that your documents comply with state law and that your wishes are carried out. An attorney can provide tailored legal support and help you navigate complex estates, blended families, and business ownership.
How can I protect my beneficiaries from creditors and financial predators?
One effective approach is to create a spendthrift trust, which limits a beneficiary’s access to the trust assets and prevents creditors from seizing them. Additionally, an Irrevocable Trust can shield assets from potential lawsuits and financial predators. In Florida, it’s essential to work with an experienced estate planning attorney to determine the best strategy for protecting your beneficiaries and assets.
Get Your Free Consultation Today
Our team is ready to provide you with a free consultation on your estate planning issues and explain how to use wills and trusts to secure your legacy for your family. Call us today at 888-712-4771 or send an email.