Sawyer & Sawyer, P.A., guides countless Floridians through the estate planning process, and one common question we hear is why one might opt for a trust over a traditional will. Let’s dive into the specifics.


Trusts Offer Probate Advantages in Florida

One of the main reasons many consider trusts in Florida is the probate process. When you solely have a will, your assets must go through probate, a court-supervised process, which can be time-consuming and expensive. Trusts, on the other hand, allow your assets to bypass probate, ensuring a more efficient transfer to your beneficiaries.


Increased Control Over Asset Distribution

Trusts offer an added layer of control. In Florida, you can dictate not only who receives your assets but also when and how. This ensures that your beneficiaries utilize your assets responsibly, especially if you’re concerned about them squandering their inheritance.


Florida Trusts Provide More Privacy

Wills are public records in Florida. This means anyone can access the details of your assets and beneficiaries. Trusts, conversely, remain private. This confidentiality can be crucial for many individuals who want to keep their financial affairs away from prying eyes.


Better Asset Protection in Florida

Trusts can offer superior protection against creditors in Florida. If structured correctly, the assets held in a trust can be shielded from your beneficiaries’ creditors, offering an added layer of financial security.


Enhanced Flexibility for Unforeseen Circumstances

Life is unpredictable, and Florida trusts accommodate that. If certain unforeseen circumstances arise, trusts can be adapted more easily than wills. This adaptability ensures that your wishes are respected, no matter what life throws your way.


Safeguarding Your Loved Ones in Florida

Especially for families with minor children or those with special needs, trusts can ensure their continued care. A trust can provide specific provisions for their well-being, making certain they’re looked after, even if you’re no longer around.

The Complementary Roles of Trusts and Wills in Florida

While we’ve discussed the many advantages of trusts, it’s essential to recognize that wills also play a vital role in Florida estate planning. Here’s why:

  1. Clear Directives: A will provide clear instructions about the distribution of your assets after your passing.
  2. Guardianship: For those with minor children, a will is indispensable. It’s where you can designate a guardian to look after your children if the need arises.
  3. Executor Appointment: A will allows you to nominate an executor, a trusted individual who will manage and settle your estate.


How Trusts and Wills Work Together in Florida

When used in tandem, trusts and wills can provide a holistic estate plan. While a trust manages and distributes specific assets, a will can cover any assets not included in the trust. This is often referred to as a ‘pour-over will,’ ensuring no asset is left out. Additionally, while a trust handles specific assets, the will can address broader concerns like naming guardians or leaving last wishes. By integrating both into your estate plan, you get a comprehensive approach, ensuring all your assets are managed per your wishes and that no stone is left unturned. At Sawyer & Sawyer, P.A., we understand the unique attributes of both trusts and wills and how they can be used strategically to offer the best protection and benefit to you and your loved ones in Florida.


Incorporating Florida’s Legal Landscape

Every state, including Florida, has its own set of estate laws. Trusts can be tailored to best utilize Florida’s legal landscape to the benefit of your beneficiaries. By understanding these nuances, we craft trusts that resonate with Florida’s legal intricacies.


Reach Out to Sawyer & Sawyer, P.A, for Trust Guidance

Considering a trust and a will in Florida has its advantages. At Sawyer & Sawyer, P.A., we’re here to help navigate these decisions. We can offer you our knowledge of advanced directives gained from assisting many others. If you’re looking to set up or learn more about trusts in Florida, call Sawyer & Sawyer, P.A. at (407) 909-1900 or contact us online. We’re here to assist every step of the way.