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Family reviewing a living trust plan during a home video consultation

Estate Planning

Revocable Living Trust in Florida

For Florida families with real estate, investment accounts, or a business interest, a living trust is often the most efficient way to pass assets to the next generation. It keeps your estate out of probate court, maintains privacy, and can continue managing your assets if you become incapacitated. Attorney Burgos has more than 20 years of experience helping Florida families decide when a trust is the right tool and, just as importantly, how to fund it correctly so it actually works.

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Quick answer

A revocable living trust is a legal arrangement that holds your assets during your lifetime and transfers them to your beneficiaries after death, without the cost and delay of Florida probate. Attorney Rosenny Burgos helps property-owning families across Florida set up living trusts entirely by video or phone consultation.

Quick answer

A properly funded living trust lets your assets pass directly to your beneficiaries without court supervision, saving your family months of delay and keeping financial details out of the public record. A will alone cannot do that: everything a will controls goes through Florida probate.

When a Trust Beats a Will

Avoid Probate and Keep Your Affairs Private

Florida probate is a court-supervised process that can take six months to two years for a typical estate. The court file is public record, meaning anyone can look up what you owned and who received it. A living trust avoids all of that for the assets held inside it.

A trust also continues to work if you become incapacitated. Your successor trustee can step in and manage the trust assets without a guardianship proceeding. That combination, probate avoidance plus incapacity planning, is why many property-owning families choose a trust as the center of their plan.

That said, a trust is not always necessary. If your estate is small or your assets are already set up with beneficiary designations and joint ownership, a well-drafted will may be sufficient. Attorney Burgos helps you make an informed decision without selling you a plan you do not need.

  • Pass assets to heirs without probate court.
  • Keep estate details private, out of the public record.
  • Allow your trustee to manage assets if you become incapacitated.
  • Avoid ancillary probate for real estate in multiple states.
Family on the couch planning how to fund their living trust

The Funding Step That Most People Miss

A Trust Only Works If It Is Properly Funded

Creating a trust document is only half the work. Funding the trust means retitling your assets so they are owned by the trust, not by you individually. A house, bank account, or brokerage account that stays in your personal name at death goes through probate regardless of what your trust says.

This is where many do-it-yourself plans fail. The trust document looks complete, but the home never got retitled, or an account was missed, and the family still faces probate. Attorney Burgos walks you through each asset, identifies what needs to be transferred, and provides a step-by-step funding checklist so the plan works as designed.

Our practice is fully virtual. You meet by secure video or phone from anywhere in Florida, review drafts online, and complete the entire process without traveling to an office. Clients from Miami to Orlando to Tampa and beyond have set up their trusts this way.

  • Retitle your home and other real estate into the trust.
  • Transfer financial accounts to the trust where appropriate.
  • Coordinate beneficiary designations on retirement and insurance accounts.
  • Receive a clear funding checklist so nothing is overlooked.

FAQ

Frequently Asked Questions

What is the difference between a revocable living trust and a will?
A will takes effect at death and goes through probate, a public court process. A properly funded living trust transfers assets to your beneficiaries privately and without probate. A trust can also manage your assets during incapacity, which a will cannot. Many families use both: a trust for the main assets and a pour-over will as a backup.
Does a living trust avoid probate in Florida?
Yes, but only for the assets that are properly transferred into the trust while you are alive. Assets that remain in your personal name at death must still go through probate. Funding the trust correctly is essential, and we guide you through each step.
Can I set up a living trust online with your firm?
Yes. Attorney Burgos works with clients across all of Florida by secure video and phone. We handle the consultation, drafting, review, and signing guidance entirely online. You do not need to visit an office anywhere in Florida.
Can I change my trust after it is created?
Yes. A revocable living trust can be amended or revoked at any time while you have capacity. Life changes such as a marriage, divorce, the birth of a grandchild, or a property purchase are good reasons to review and update the trust.
Do I still need a will if I have a living trust?
Yes. A pour-over will is recommended alongside a living trust to capture any assets that were not transferred into the trust before your death. It acts as a safety net so that property still in your personal name passes into the trust and follows your overall plan.
Is a living trust right for every Florida family?
Not always. A trust adds upfront cost and the funding step. For simpler estates where assets already have beneficiary designations or joint ownership, a well-drafted will may be sufficient. Attorney Burgos reviews your specific situation so you choose the plan that fits, without paying for more than you need.

Let's Take the First Step

For Florida families with real estate, investment accounts, or a business interest, a living trust is often the most efficient way to pass assets to the next generation. It keeps your estate out of probate court, maintains privacy, and can continue managing your assets if you become incapacitated. Attorney Burgos has more than 20 years of experience helping Florida families decide when a trust is the right tool and, just as importantly, how to fund it correctly so it actually works. Se Habla Espanol.