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Personalized trust planning for real peace of mind

From safeguarding family homes to caring for a loved one with special needs, our trust lawyers bring the experience and heart needed to make your plan work for generations. Trusts aren’t just for the wealthy: They’re for anyone who wants clarity and control over how their legacy is managed. At Berg Bryant Elder Law Group, we help Jacksonville families create trusts that fit real life: simple to maintain, easy to understand, and fully aligned with their goals.

A well-crafted trust does more than just transfer assets—it can protect your legacy from probate costs, shield assets from creditors, provide for loved ones with special needs, minimize tax burdens, and ensure your wishes are carried out exactly as you intend. At Berg Bryant Elder Law Group, our trust attorney Jacksonville team helps families throughout Northeast Florida design customized trust solutions that address their unique concerns and goals.

Your trust should reflect your values and protect what matters most.

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The Basic Concept of a Trust

At its core, a trust is a legal arrangement that allows a third party (the trustee) to hold and manage assets on behalf of a beneficiary. This three-party relationship forms the foundation of all trusts:

  1. The Grantor (also called settlor or trustor): The person who creates the trust and transfers assets into it
  2. The Trustee: The person or institution responsible for managing the trust assets according to the trust terms
  3. The Beneficiary: The person or organization that ultimately receives the benefit of the trust assets

Unlike other estate planning tools, trusts can take effect during your lifetime, continue through periods of incapacity, and distribute assets after death—all without court involvement. This flexibility makes trusts invaluable for comprehensive estate planning.

Areas Served

Duval County

  • Jacksonville
  • Atlantic Beach
  • Jacksonville Beach
  • Neptune Beach
  • Baldwin

Clay County

  • Green Cove Springs
  • Orange Park
  • Middleburg
  • Lakeside
  • Fleming Island
  • Oakleaf Plantation
  • Bellair-Meadowbrook Terrace
  • Keystone Heights
  • Penney Farms

St. Johns County

  • St. Augustine
  • Hastings
  • Vilano Beach
  • St. Augustine Beach
  • Ponte Vedra / Ponte Vedra Beach
  • Fruit Cove
  • Palm Valley
  • Nocatee
  • World Golf Village
  • St. Augustine Shores
  • St. Augustine South
  • Sawgrass

Types of Trusts for Florida Residents

Different situations call for different trust solutions. Our Florida Board Certified Elder Law Attorneys help you select and design the right trust structure for your specific needs:

Revocable Living Trusts

A revocable living trust serves as the foundation of many estate plans. You maintain complete control of your assets during your lifetime while setting up a smooth transfer of those assets upon your death. Key benefits include:

  • Avoiding the time, expense, and public nature of probate
  • Providing for seamless management of assets if you become incapacitated
  • Maintaining privacy for your family and financial matters
  • Flexibility to make changes as your life circumstances change

Unlike a will, assets in your revocable trust can pass directly to your beneficiaries without court involvement, often saving months of time and thousands in legal fees.

Irrevocable Asset Protection Trusts

When protecting assets from creditors, lawsuits, or long-term care costs becomes a priority, an irrevocable trust might be the right solution. These trusts can:

  • Shield assets from future creditors and legal judgments
  • Protect assets from nursing home and long-term care costs
  • Help qualify for Medicaid benefits while preserving family resources
  • Provide tax advantages in certain situations

Special Needs Trusts

For families with loved ones who have disabilities, a special needs trust provides financial support without jeopardizing eligibility for government benefits like Medicaid and Supplemental Security Income (SSI). These specialized trusts allow you to:

  • Supplement government benefits without disqualifying the beneficiary
  • Provide for quality-of-life expenses not covered by public assistance
  • Ensure proper management of funds throughout the beneficiary’s lifetime
  • Create a lasting legacy of care and support

Other Specialized Trusts

Depending on your situation, we may recommend other trust structures such as:

  • Qualified Income Trusts (Miller Trusts) for Medicaid planning
  • Testamentary Trusts created through your will
  • Charitable Trusts for philanthropic goals
  • Spendthrift Trusts for beneficiaries who need financial management assistance

The power of a trust lies in its ability to hold legal title to property while separating the control and enjoyment of that property.

When Is a Trust Right for Your Family?

While not everyone needs a trust, many Jacksonville families benefit from trust planning in situations such as:

  • Owning real estate in Florida or other states
  • Having minor children or beneficiaries with special needs
  • Concerns about potential creditors or lawsuits
  • Desire to avoid the public probate process
  • Blended family situations requiring careful planning
  • Goals to minimize estate taxes
  • Planning for potential long-term care needs

The best way to determine if a trust is right for your situation is through a personalized consultation with one of our experienced trust attorneys.

Jacksonville Office (Main)
Orange Park Office
St. Augustine Office

Secure Your Family’s Future with a Customized Trust

At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys create customized trusts for families throughout Northeast Florida, including Jacksonville, Orange Park, St. Augustine, and surrounding communities. We take the time to learn about your unique situation and design a trust plan that addresses your specific concerns and goals.

Contact us today to schedule a consultation and take the first step toward protecting your legacy with a properly designed trust.

Frequently Asked Questions

What's the difference between a will and a trust?

A will takes effect only upon death and must go through probate court, while a trust can take effect immediately and avoids probate. Wills become public record, while trusts remain private. Trusts can also provide incapacity planning during your lifetime, something a will cannot do.

If I have a trust, do I still need a will?

Yes, most people with trusts still need what’s called a “pour-over will.” This catches any assets not transferred to your trust during your lifetime and “pours” them into your trust upon your death. It also allows you to name guardians for minor children, which cannot be done in a trust.

How much does it cost to set up a trust in Florida?

While creating a trust involves more upfront costs than a simple will, many families find the long-term savings in probate fees, taxes, and administrative expenses far outweigh the initial investment. The exact cost depends on the complexity of your situation and the type of trust needed.

Does my trust need to be updated if I move to Florida from another state?

Yes. Florida has specific laws regarding trusts, particularly around homestead property and spousal rights. Having your trust reviewed by a Florida trust attorney ensures it complies with state law and provides all the protections available under Florida statutes.

How often should I review my trust?

We recommend reviewing your trust every 3-5 years or after major life events such as marriages, divorces, births, deaths, or significant changes in assets. Florida trust laws also change periodically, so regular reviews ensure your plan remains effective.

Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.

Jacksonville Office (Main)
  • 7545 Centurion Parkway, Suite 108
    Jacksonville, FL 32256
    Monday-Friday: 8:30 AM - 5:00 PM
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Orange Park Office
  • 1929 Park Avenue
    Orange Park, FL 32073
    Monday-Friday: 8:30 AM - 5:00 PM
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St. Augustine Office
  • 145 Land Grant Ste 6
    St. Augustine, FL 32092
    Monday-Friday: 8:30 AM - 5:00 PM
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