What types of trusts should you include in your Florida estate plan?

On Behalf of | Apr 25, 2024 | Estate Planning

Planning your estate in Florida can feel overwhelming, but it’s an important task that ensures your loved ones distribute your assets according to your wishes after you pass away.

A trust can be a powerful tool in your estate planning arsenal, offering you flexibility and control over how your assets get managed and distributed to your beneficiaries. Trusts also provide privacy, as they do not go through the public process of probate like wills do, and they can offer tax benefits and protections against creditors and legal judgments. When incorporating trusts into your estate plan, it’s important to understand the different types of trusts available and how each can benefit your specific situation.

Revocable living trusts

A revocable living trust is one of the most common types of trusts used in estate planning. This trust allows you to maintain control over the assets during your lifetime, as you can alter or revoke the trust at any time. After your death, the assets in the trust pass directly to your designated beneficiaries, avoiding probate. This not only maintains privacy but also speeds up the distribution process.

Irrevocable trusts

Unlike revocable trusts, you cannot alter or revoke an irrevocable trust once you have established it. This type of trust is useful for reducing estate taxes and protecting assets from creditors. Because the trusts transfers the assets out of your ownership when you set it up, they are no longer considered part of your estate, which can significantly reduce estate taxes and provide a layer of asset protection.

Special needs trusts

If you have a family member with a disability, a special needs trust is a necessary tool to ensure they continue to receive care without affecting their eligibility for government assistance. This trust allows you to set aside funds for the care and living expenses of a disabled beneficiary without disqualifying them from receiving benefits like Medicaid or Supplemental Security Income.

Choosing the right types of trusts for your estate plan in Florida depends on your individual circumstances and goals. Whatever you hope to accomplish, here is a trust that can meet your needs. Carefully considering each option allows you to tailor your estate plan to ensure you protect your assets and your loved ones are taken care of according to your wishes.