Trusts

Boca Raton Trust Attorney

A trust is one of the most powerful tools in Florida estate planning, and one of the most misunderstood. For Boca Raton families, establishing the right trust means assets can transfer to loved ones privately, outside of probate, and on terms you control. When a trust is set up incorrectly or left outdated, those benefits can disappear quickly.

At Bloodworth Law, PLLC, our attorneys help clients across Palm Beach County create and structure trusts that protect what they’ve built and reflect their actual wishes. Whether you’re planning for minor children, a spouse, or a beneficiary with special needs, we’re here to guide you through the process. Call us at 407-449-8958 to schedule a free consultation with a Boca Raton trust attorney.

What a Trust Actually Does Under Florida Law

A trust is a legal arrangement in which one party (the trustee) holds and manages assets on behalf of one or more beneficiaries, according to terms set by the person who created the trust (the grantor).

Florida trusts are governed by the Florida Trust Code, Chapter 736 of the Florida Statutes. Under this framework, the grantor transfers ownership of assets (real estate, investment accounts, business interests, personal property) into the trust. The trustee then manages those assets according to the trust’s written terms, either during the grantor’s lifetime, after death, or both.

A trust is not a will, and the two serve different purposes. Assets held in a trust generally do not pass through the probate process, which means they are not subject to court supervision, they remain out of public record, and they can be distributed to beneficiaries far more quickly than assets governed by a will alone.

Revocable Living Trusts: Florida’s Most Common Planning Tool

A revocable living trust allows you to retain full control over your assets during your lifetime while directing how those assets are distributed after your death without court involvement.

Revocable living trusts are the foundation of comprehensive estate planning for most Boca Raton families. Because revocable trusts can be amended or revoked at any time while the grantor is alive and has legal capacity, they carry no permanent commitment. The grantor typically serves as their own trustee initially, maintaining full control over their financial affairs.

The core advantage is what happens at death or incapacity: a successor trustee steps in immediately, managing or distributing assets without waiting for probate court. This continuity is especially valuable when a grantor becomes unable to manage their own affairs, as it avoids the need for a court-supervised guardianship over their estate.

Several features make revocable trusts a central tool in Florida estate planning:

• Probate avoidance: Assets properly titled in the trust’s name avoid probate entirely, saving time, expense, and keeping family financial affairs private.
• Incapacity planning: A well-drafted revocable trust designates a successor trustee who can manage assets if the grantor becomes incapacitated, without court intervention.
• Control over distribution: Grantors can specify when and how beneficiaries receive assets: at a set age, in installments, or upon meeting specific conditions.
• Flexibility during life: Unlike irrevocable trusts, revocable trusts can be amended as life circumstances change: marriage, divorce, the birth of minor children, or a shift in financial goals.

Irrevocable Trusts and Tax Planning in South Florida

Irrevocable trusts permanently transfer assets out of the grantor’s estate, which can reduce estate tax exposure and protect assets from creditors, but they cannot be easily modified once established.

Irrevocable trusts serve different objectives than revocable living trusts. Once assets are transferred into an irrevocable trust, the grantor relinquishes ownership and control. In exchange, those assets are generally no longer part of the taxable estate, which can be a meaningful benefit for high-net-worth families in Boca Raton and across South Florida.

Common irrevocable structures include Irrevocable Life Insurance Trusts (ILITs), which remove life insurance proceeds from the taxable estate, and Spousal Lifetime Access Trusts (SLATs), which benefit a spouse while keeping assets outside the grantor’s estate. Charitable remainder trusts and qualified personal residence trusts are additional planning vehicles that serve specific tax and wealth transfer goals.

Because irrevocable trusts require careful drafting and carry long-term consequences, they demand precise planning tailored to each client’s estate planning needs and tax situation.

Special Needs Trusts: Protecting Beneficiaries Without Jeopardizing Benefits

A special needs trust allows a beneficiary with a disability to receive inherited assets without losing eligibility for government benefit programs such as Medicaid or Supplemental Security Income (SSI).

Federal and Florida law impose asset limits on eligibility for means-tested public benefit programs. A direct inheritance or outright gift to a beneficiary with special needs can inadvertently disqualify them from benefits they depend on for long-term care and daily support. A properly drafted special needs trust holds assets for the beneficiary’s supplemental needs (things not covered by government programs) without being counted as the beneficiary’s own resources.

There are two primary types used in Florida estate planning:

• Third-party special needs trusts: Established and funded by a parent, grandparent, or other family member for a beneficiary with a disability. Assets in these trusts do not belong to the beneficiary, so they do not affect benefit eligibility. At the beneficiary’s death, remaining assets can pass to other family members.
• First-party (self-settled) special needs trusts: Funded with the beneficiary’s own assets, often from a personal injury settlement or inheritance received directly. Florida law and federal law impose a Medicaid payback requirement at the beneficiary’s death.

Planning for a loved one with special needs requires careful attention to both elder law principles and the specific rules governing each benefit program.

How Trust Administration Works in Boca Raton

After the grantor’s death, the successor trustee must administer the trust according to its terms (collecting assets, notifying beneficiaries, paying valid claims, and distributing property), all without court supervision.

Trust administration is distinct from probate administration. Because a trust does not require court involvement, the process is governed almost entirely by the Florida Trust Code and the trust document itself. The successor trustee has a fiduciary duty to all beneficiaries, meaning they must act loyally, prudently, and in accordance with the trust’s written terms.

Key trustee responsibilities include notifying qualified beneficiaries of the grantor’s death, preparing an inventory of trust assets, managing assets prudently during administration, addressing any outstanding debts or tax obligations, and making timely distributions. Mistakes in trust administration can expose a trustee to personal liability, which is why many clients working through this process seek legal guidance.

Our Boca Raton Trust Administration Lawyer page covers the administration process in greater depth for those navigating a trust after a loved one’s passing.

Frequently Asked Questions About Trusts in Boca Raton

Do I need a will if I already have a revocable living trust?

Yes. Even with a comprehensive trust, Florida estate planning professionals recommend a “pour-over will” as a companion document. A pour-over will captures any assets that were not transferred into the trust during the grantor’s lifetime and directs them into the trust at death, though those assets may still pass through probate first.

Can a trust be challenged in Florida?

Trusts can be contested on grounds including lack of capacity, undue influence, fraud, or duress, similar to will contests. Florida law requires that trust contests generally be filed within a specific limitations period after the contestant receives notice of the trust’s existence. If you believe a trust was created under improper circumstances, that requires separate legal analysis.

Does a revocable trust protect assets from creditors during my lifetime?

No. Because a revocable trust can be amended or revoked by the grantor at any time, creditors of the grantor can generally reach trust assets during the grantor’s life. Asset protection from creditors requires irrevocable planning structures or other strategies specific to Florida law.

What happens if I move to Boca Raton from another state with an existing trust?

Trusts created in other states are generally recognized in Florida, but the document may not comply with Florida’s specific requirements or take advantage of Florida-specific planning opportunities. It’s worth having an existing trust reviewed to ensure it functions as intended under Florida law.

Speak With a Boca Raton Trust Attorney at Bloodworth Law, PLLC

Estate planning is not a one-size-fits-all process. The right trust structure depends on your assets, your family’s unique needs, your tax situation, and your goals for the future. Those factors vary significantly from one Boca Raton family to the next.

Bloodworth Law, PLLC serves clients throughout Boca Raton, Palm Beach County, and across South Florida with thoughtful, practical estate planning guidance. To schedule a free consultation with our attorneys, call 407-449-8958 or reach out online. We’re here to help you plan with confidence.