Do You Need a Will plus a Trust in Florida?
Estate planning in Florida often starts with a simple question that has a complicated answer: do you really need both a will and a trust? I meet plenty of people who lean toward one or the other, usually based on what a neighbor did or something they read online. The truth is more nuanced. Florida law has its own probate process, homestead protections, and creditor rules. Those pieces interact with your family dynamics, assets, and goals, which means the right structure is personal. For many families, the most effective plan uses both tools together.
This isn’t about buying documents for the sake of it. It’s about building a plan that works smoothly when it matters, avoids needless expense, and reflects your values. In the Tampa Bay region, including Brandon, I’ve seen modest estates save thousands in probate costs with a well-funded revocable trust. I’ve also seen simple wills handle things just fine for folks with straightforward assets and clear beneficiaries. The key is understanding what each document does under Florida law, when each shines, and how to integrate them so your plan is more than a stack of papers.
What a Florida Will Actually Does
A last will and testament is your set of instructions to the probate court. It names who gets what, who settles your affairs, and who cares for minor children. If you die without a will in Florida, the intestacy statute writes one for you, which might not match your wishes. For blended families, intestacy can be especially disruptive, since a surviving spouse and children from a prior relationship may share in ways that feel unfair or impractical.
A will must go through probate to be effective. Probate in Florida isn’t always a nightmare, but it is public, often slow, and can be expensive. Even with a well-drafted will, a typical formal probate in Florida can take 6 to 12 months, sometimes longer if there are real property issues, creditor claims, or family disagreements. Costs vary widely. On a simple estate with a home and a few investment accounts, you might pay a few thousand in fees. On a contested estate or one with real estate in multiple counties, costs can multiply.
Despite those downsides, a will does some things a trust can’t do alone. A will names a guardian for minor children. A will can include a “pour-over” provision, catching any assets left outside your trust at death and directing them into your trust. And a will can serve as a safety net if life gets busy and you forget to retitle an account or vehicle. In short, a will is still foundational, even for those who use a trust as the primary tool.
What a Revocable Living Trust Does, and Why Florida Families Use It
A revocable living trust is a private set of instructions that can manage assets during your lifetime and distribute them after your death. You can change or revoke it while you have capacity. Unlike a will, a properly funded revocable trust can avoid court probate for the assets titled in the trust. That is the headline benefit for most Floridians.
Why does probate matter so much here? Two reasons show up repeatedly. First, Florida’s homestead and creditor rules can make probate administration more technical than people expect. Second, the timeline and cost of probate increase when your executor, heirs, or assets are spread across states. If you own a vacation condo in another state, your estate might need ancillary probate there. A trust that holds that property or an LLC membership interest can sidestep that second probate entirely.
Funding is the catch. A trust only controls what you put into it. If your house is still in your name when you die and not titled in the trust, that house still goes through probate unless there’s another transfer mechanism in place. The best time to fund a trust is immediately after signing. The next best time is now.
Day to day, a revocable trust also helps with incapacity planning. If you are out of action for a while, your successor trustee can pick up the reins without waiting for a guardianship order. A durable power of attorney is still important in Florida, but banks and custodians often respond more readily to a trustee than an agent under a power of attorney, especially with complex investment accounts. When I see clients in their late seventies, this “bridge” during incapacity becomes as valuable as probate avoidance.
Homestead, Lady Bird Deeds, and How They Interact
Florida’s homestead laws protect your primary residence from most creditors and cap property tax increases through the Save Our Homes assessment limit. Homestead also restricts devises if you leave a spouse or minor child. People sometimes think putting a homestead into a revocable trust will forfeit those protections. It doesn’t, if it’s done correctly. A properly drafted Florida homestead provision keeps your creditor protection and tax benefits intact inside the trust. The property appraiser acknowledges this treatment when the trust language is right.
Another route some families use is an enhanced life estate deed, often called a Lady Bird deed. It lets you keep full control and sell or refinance during life, then automatically transfers the property at death outside probate. It can be an elegant, low-cost solution for a single piece of real estate passing to one or two beneficiaries. The trade-off is complexity if beneficiaries predecease you, have creditor troubles, or are minors. You can’t shape post-death management with a deed the way you can with a trust. If your goals include staged distributions, spendthrift protections, or provisions for a family member with special needs, the trust is a better tool.
When a Will Alone May Be Enough
Not every Florida resident needs a trust. If your assets mostly pass by beneficiary designation, and your family structure is simple, a will might be all you need. I’ve seen young couples with employer retirement plans, a small emergency fund, and term life insurance handle everything through beneficiary forms, a basic will, and a power of attorney. Their home is mortgaged, they don’t own out-of-state property, and they’re fine if a car has to pass through a quick summary administration.
Florida has a streamlined probate path in some cases. If the estate value is modest and the decedent has been gone for more than two years, summary administration can be efficient. In those cases, a trust would have added complexity with minimal benefit. That said, even small estates benefit from a simple will to clean up stray accounts, assign guardianship preferences, and nominate a personal representative who can talk with institutions.
When a Trust Adds Clear Value
A trust becomes hard to ignore when you have any of the following drivers:
- Multiple properties or property in more than one state, where ancillary probate looms and title transfers get complicated.
- Blended families, where you want to provide for a spouse during life and preserve the remainder for your children.
- A beneficiary with special needs or a history of addiction, debt, or divorce, where outright distributions can do harm.
- Business or rental interests that call for coordinated management during incapacity and after death.
- A desire for privacy, speed, and reduced friction, especially when heirs live in different places and don’t get along.
In these situations, a revocable trust lets you write the rules. You can create lifetime trusts for beneficiaries, pick trustees who will follow instructions, and shield the timing and amounts from public view. You can keep assets out of court even if you are in the middle of a refinance or a 1031 exchange when life takes a turn. And you can design a “survivor’s trust” to ensure a second spouse is cared for without disinheriting children from a first marriage. estate planning brandon fl That last point is one of the most common reasons families in Brandon and Riverview add trusts to their estate planning.
Why Most Florida Plans Pair a Will and a Trust
The strongest estate plans in Florida use both. The trust holds the engine and steering wheel, handling incapacity and post-death distribution. The will acts as a seat belt, catching anything that falls out and addressing items only a will can handle. The typical structure looks like this: a revocable living trust as the primary vehicle, a pour-over will that names the trust as the beneficiary of anything that ends up in probate, updated beneficiary designations on retirement and life insurance, and durable powers of attorney and health care directives.
The virtue of the paired approach is resilience. Life changes, and people forget to retitle something after a house sale or account consolidation. The pour-over will keeps the plan coherent. Without it, assets that miss the trust might default to intestacy or the wrong beneficiaries.
A trust also coordinates with non-probate transfers. Florida residents often have payable-on-death bank accounts, transfer-on-death brokerage accounts, and retirement accounts with named beneficiaries. There’s nothing wrong with those mechanisms, but they can create unintended results if you don’t coordinate. A trust serves as the master plan that aligns the timing. For example, if a life insurance policy drops a large sum directly to a young beneficiary, the money arrives with no guardrails. Name the trust as beneficiary instead, and you can stage distributions, protect the funds from a beneficiary’s creditors, and appoint a trustee you trust.
Funding the Trust: The Step People Skip
If a trust is unfunded, it’s a fancy binder. Funding means titling assets to the trust or designating the trust as a beneficiary where appropriate. That includes re-deeding real estate, updating brokerage and bank accounts, and working with your advisor to coordinate retirement accounts and annuities.
Two practical tips from the trenches in estate planning Florida work. First, plan the sequence. Start with real property and financial accounts, then circle back to smaller assets like vehicles. Second, document everything. Keep copies of updated statements showing the trust title, recorded deeds, and confirmations of beneficiary changes. Years later, this record makes administration faster and cheaper.
With retirement accounts, the tax tail wags the dog if you aren’t careful. Post-SECURE Act rules limit “stretch” options for many non-spouse beneficiaries. If you name a trust as the beneficiary, the trust needs specific “see-through” provisions to qualify for favorable payout treatment. That is a place to work closely with counsel and your financial advisor, not a weekend DIY.
Probate Reality in Florida: Not Always Bad, Rarely Ideal
Probate has a reputation it doesn’t always deserve. Formal administration is manageable with a cooperative family and a prepared personal representative. Florida courts and many clerks’ offices have modernized workflows, and good attorneys keep friction low. Still, it’s a public process and it takes time. Creditors have a fixed window after publication of notice to file claims, and you cannot always compress that calendar by sheer willpower.
The biggest risks I see are delay and unpredictability. A properly funded trust bypasses both. When a homeowner passes and the home sits in probate, maintenance, insurance, and HOA requirements continue. If no one has authority to act, problems compound. With a trust, the successor trustee can secure, maintain, and sell if that is the plan, without waiting for letters of administration.
Taxes: Federal, Florida, and the Myths That Linger
Florida has no state estate or inheritance tax. The federal estate tax exemption sits in the multi-million range per person, with portability for married couples. For most families in Brandon, Valrico, and Tampa, federal estate tax won’t be the driving concern. That said, the exemption is scheduled to drop in 2026 unless Congress acts, which may bring more families into planning conversations around lifetime gifts or credit shelter trusts.
Income taxes still matter. A revocable trust is ignored for income tax while you are alive, so you keep filing the same way. After death, the trust becomes a taxpayer, and the compressed trust tax brackets encourage timely distributions, unless you’re intentionally accumulating in a beneficiary’s trust for asset protection or spendthrift reasons. Basis step-up on death is preserved for trust assets when you use a standard revocable trust, which is a key benefit when you own appreciated real estate or a concentrated stock position.
Special Scenarios That Push the Decision
A few Florida-specific situations deserve a closer look.
Blended families. If you own a homestead and leave a spouse and adult children, homestead restrictions limit your ability to devise. A carefully drafted trust, often paired with a homestead election and a spousal waiver or agreement, can support a life estate or a right of occupancy for your spouse while preserving the remainder for your children. Doing nothing often creates friction and litigation.
Second homes and out-of-state property. A condo in Georgia or a cabin in North Carolina means ancillary probate in that state if you hold title individually. A Florida trust holding the out-of-state property, or an LLC membership held by the trust, often avoids that second probate. The savings in time and cost can be significant.
Family member with special needs. Outright inheritance can disqualify a beneficiary from means-tested benefits. A supplemental needs trust nested inside your revocable trust preserves eligibility while improving quality of life. Florida’s rules around payback and distribution standards are technical, so this is not a place for boilerplate.
Gun collections, boats, and specialty assets. Title and transfer rules vary. A trust can centralize control and instructions. For firearms that fall under federal regulation, a separate gun trust is often the right vehicle, with the revocable trust coordinating as the parent plan.
Business interests. A trust can integrate with your operating agreement to ensure a smooth transition. If you become incapacitated, your successor trustee can vote your interest and keep payroll running. That continuity often determines whether a business survives the founder.
The Role of Beneficiary Designations and Joint Ownership
Many people think joint tenancy or payable-on-death designations are a full substitute for planning. They can be part of the solution, but they come with pitfalls. Adding an adult child to an account exposes the funds to that child’s creditors and divorce. It also can create ugly family dynamics when one child is on the account and the others are not.
Beneficiary designations on retirement accounts, life insurance, and annuities are common tools. The coordination problem shows up when those designations send assets one way, while your will or trust contemplates equal shares or different timing. Clean planning aligns the designations with the trust or will and reflects your intent down to contingencies. If a child predeceases you, do you want their share to pass to their children or to your remaining children? Designations and documents should match your answer.
How a Florida Attorney Builds the Plan
Good estate planning is less about document templates and more about questions. A thorough process surfaces the facts that change the answer. Who depends on you? What assets do you own and how are they titled? Which institutions hold them? Do you expect an inheritance, a business sale, or a move? Do any beneficiaries have vulnerabilities you need to plan around? With that map in hand, the attorney can offer a recommendation that fits.
In practice at Shaughnessy Law Estate Planning, the workflow looks like this for many families in the Brandon area. We inventory assets and titles, map beneficiaries and contingencies, draft a revocable trust with tailored provisions, prepare a pour-over will, and assemble durable powers, health care directives, and a HIPAA release. Then we guide funding: deeds for real estate, letters and forms for banks and brokerages, and coordination with retirement plan custodians. After signing, we schedule a check-in to confirm funding is complete. That last step is where plans succeed or fail.
A Short Checklist to Decide Whether You Need Both
- Do you own real estate beyond your homestead, or property in another state?
- Do you want to keep your estate private and out of court, especially for your children?
- Do you have beneficiaries who need protection from creditors, divorce, or their own spending?
- Are you in a blended family where you want to support a spouse and preserve a legacy for children?
- Would a long incapacity disrupt your finances or business if no one could act quickly?
If you answered yes to even one of these, a revocable trust alongside a will likely serves you better than a will alone.
Costs, Timing, and Maintenance
A common worry is cost. In the Tampa Bay market, a well-crafted will-based plan for a simple estate typically costs less upfront than a trust-based plan. A trust plan demands more work initially, particularly with funding. Over a lifetime, the calculus often flips. Avoiding probate on a homestead and a couple of bank accounts can save enough in fees and months of time to justify the early effort. Avoiding ancillary probate on an out-of-state property almost always does.
Maintenance matters. Expect to revisit your plan every few years or after major life events: marriage, divorce, a new child, a significant move, a business sale, or a large inheritance. Laws change too. The SECURE Act and its successor regulations reshaped retirement beneficiary planning. Adjustments keep your plan aligned with both law and life.
How This Plays Out: A Few Brief Examples
A Brandon couple in their late sixties owned a homestead, a rental in Polk County, and a cabin in North Carolina. They had two adult children, one responsible and one still finding his footing. Their revocable trust held both properties and their non-retirement accounts. The cabin moved into a simple LLC, then the trust owned the LLC. Retirement accounts named the trust for the less stable child and direct to the responsible child. When the husband passed, the successor trustee handled expenses without court supervision. No ancillary probate in North Carolina, and the rental could be sold quickly to fund the widow’s needs.
A single Riverview resident with a townhome, a 401(k), and a life insurance policy opted for a will only, a Lady Bird deed on the townhome to her niece, and direct beneficiary designations on the retirement plan and insurance. She had no other real property and no concerns about creditor issues. Two years later, we helped her update the will to name a back-up guardian for a new puppy and confirm the deed remained valid after a refinance. Simple worked because we kept it consistent.
A small business owner in Valrico used a revocable trust with specific instructions for the company in case of incapacity. The operating agreement recognized the successor trustee’s authority. When a stroke sidelined him, his trustee made payroll and kept contracts moving. A will alone would have left a gap that a guardianship might fill, but weeks too late.
Building a Florida Plan That Holds Up
Estate planning is less about documents and more about outcomes. Clarity, privacy, and continuity are the goals. In Florida, a will is necessary. A trust is often the difference between a smooth transition and a public, time-consuming probate. The better question isn’t will or trust, it’s what combination of tools produces the outcome you want.
If you are unsure where to start, pull your current account statements and deeds, make a list of who you trust to act, and write down any concerns about particular beneficiaries. With that in hand, a focused conversation with an attorney who works in estate law every day will reveal the right path. In many cases, especially across the Tampa Bay area, a revocable trust paired with a pour-over will, updated beneficiary designations, and clear powers of attorney will give you a plan that earns its keep when it matters most.
Shaughnessy Law Estate Planning has guided many families through this process, from simple will-based plans to complex trust structures. Whether you are just getting started or revisiting an old plan that feels out of date, the first step is a candid assessment. If the plan fits, it will be easier to maintain, easier for your loved ones to carry out, and more likely to deliver the peace of mind you were hoping for when you began.
Keywords integrated naturally: estate planning, estate law, estate planning Florida, Shaughnessy Law Estate Planning, estate planning Brandon FL.
Shaughnessy Law
Address: 618 E Bloomingdale Ave, Brandon, FL 33511
Phone: +1 (813) 445-8439
Estate Planning in Florida: Your Questions Answered
Do I really need a will if I don't have a lot of assets?
Yes, you absolutely need a will even with modest assets. A will isn't just about dividing up money—it's about making sure your wishes are followed. Without one, Florida's intestacy laws decide who gets what, and that might not align with what you want.
Plus, if you have minor children, a will lets you name their guardian. Without it, a judge makes that call. Even if you're not wealthy, having a will saves your family unnecessary headaches during an already difficult time.
What's the difference between a will and a trust in Florida?
A will goes through probate court after you pass away, while a trust lets your assets pass directly to beneficiaries without court involvement. The will becomes public record and probate can take months, but trusts keep things private and often move faster.
In Florida, probate can be expensive and time-consuming, especially if you own property here. Trusts also give you more control—you can set conditions on when and how beneficiaries receive assets. The downside? Trusts cost more upfront to set up, but they often save money and hassle later.
How does Florida's homestead exemption affect my estate plan?
Florida's homestead laws provide special protections and restrictions that directly impact who can inherit your home. Your primary residence gets special protection from creditors, and there are restrictions on who you can leave it to if you're married.
You can't just will your homestead to anyone you want—your spouse has rights to it, even if your will says otherwise. This trips people up all the time. If you own a home in Florida, you need to understand these rules before finalizing any estate plan.
Can I avoid probate in Florida?
Yes, you can minimize or avoid probate through several strategies. Setting up a revocable living trust, using beneficiary designations on accounts, owning property as joint tenants with rights of survivorship, or using transfer-on-death deeds for real estate all work.
Many people use a combination of these. That said, probate isn't always the enemy—Florida has a simplified process for smaller estates under $75,000. The key is understanding what makes sense for your specific situation rather than avoiding probate just because someone told you to.
What happens if I die without an estate plan in Florida?
Your estate goes through intestate succession, where Florida law determines who inherits based on a predetermined formula. Generally, everything goes to your spouse, or if you don't have one, it's divided among your children.
No spouse or kids? Then parents, siblings, and other relatives. It sounds straightforward, but it gets messy fast—especially with blended families, estranged relatives, or if you wanted to leave something to a friend or charity. The process takes longer, costs more, and might not reflect your actual wishes at all.
Do I need to update my estate plan if I move to Florida from another state?
Yes, you should have a Florida attorney review and likely update your estate plan when you relocate here. Estate planning laws vary significantly by state, and what worked in New York or California might not hold up here.
Florida has unique rules about homestead property, different probate procedures, and its own requirements for valid wills. Your out-of-state documents might technically be valid, but they could create problems or miss opportunities for Florida-specific protections. It's usually not a complete overhaul, but adjustments are almost always needed.
How do power of attorney documents work in Florida?
A power of attorney authorizes someone to make decisions on your behalf if you become incapacitated. In Florida, you need two types: a durable power of attorney for financial matters and a healthcare surrogate (similar to a healthcare power of attorney elsewhere).
The financial POA lets your agent handle banking, pay bills, manage property—basically anything money-related. The healthcare surrogate makes medical decisions. These documents are crucial because without them, your family might need to go to court for guardianship, which is expensive and invasive.
What's a living will, and is it different from a regular will?
A living will is completely different from a regular will—it outlines your end-of-life medical preferences while you're still alive but incapacitated. It tells doctors what life-prolonging measures you want if you're terminally ill or in a permanent vegetative state.
A regular will, on the other hand, distributes your property after you die. You need both. Florida has specific requirements for living wills—they need to be witnessed properly, and you should make sure your doctors and family have copies.
How much does estate planning typically cost in Florida?
Estate planning in Florida typically costs anywhere from $300 for a simple will to $5,000+ for complex plans. A simple will might run $300-$800, while a complete estate plan with wills, trusts, powers of attorney, and healthcare directives usually costs $1,500-$3,500 for most people.
Complex situations with business interests, multiple properties, or tax planning can run $5,000 or more. It may seem like a lot upfront, but compare that to probate costs—which can easily hit 3-5% of your estate's value. Good planning pays for itself.
Can I create my own estate plan using online forms?
You can create your own estate plan using online forms, but it's risky unless your situation is very simple. Online forms work okay for single people with straightforward assets and clear beneficiaries.
However, Florida has specific rules about witness requirements, homestead restrictions, and other legal nuances that generic forms might miss. One mistake can invalidate your documents or create problems your family has to sort out later. For most people, the few hundred dollars saved isn't worth the risk. At minimum, have an attorney review any DIY documents before you finalize them.
Shaughnessy Law
Address: 618 E Bloomingdale Ave, Brandon, FL 33511
Phone: <a href="tel:+18134458439">+1 (813) 445-8439</a>
<iframe src="https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3524.7891234567890!2d-82.2851234!3d27.9384567!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x88c2c3e123456789%3A0x1234567890abcdef!2s618%20E%20Bloomingdale%20Ave%2C%20Brandon%2C%20FL%2033511!5e0!3m2!1sen!2sus!4v1234567890123!5m2!1sen!2sus" width="400" height="300" style="border:0;" allowfullscreen="" loading="lazy" referrerpolicy="no-referrer-when-downgrade"></iframe>
<section>
Estate Planning in Brandon, Florida
Shaughnessy Law provides estate planning services in Brandon, Florida.
The legal team at Shaughnessy Law helps families create wills and trusts tailored to Florida law.
Clients in Brandon rely on Shaughnessy Law for guidance on probate avoidance and asset protection.
Shaughnessy Law assists homeowners in understanding Florida’s homestead exemption during estate planning.
The firm’s attorneys offer personalized estate planning consultations to Brandon residents.
Shaughnessy Law helps clients prepare durable powers of attorney and living wills in Florida.
Local families choose Shaughnessy Law in Brandon, FL to secure their legacy through careful estate planning.
</section>
</html>
