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Find the Right Trust for Your Needs

Trusts can serve many purposes: shielding property from probate, protecting loved ones, or providing for a child long after you’re gone. At Berg Bryant Elder Law Group, we help design trusts that reflect their goals and values. Whether you want to create a revocable trust, set aside resources for someone with special needs, or manage complex assets, our attorneys deliver legal strategies that keep your wishes at the forefront.

A well-designed trust can help you avoid probate, reduce taxes, protect assets from creditors, and ensure your loved ones are cared for according to your wishes. At Berg Bryant Elder Law Group, our Florida trusts lawyers create customized trust solutions that address your specific needs and goals.

We believe everyone deserves a clear path to protect what they’ve worked for and the people they care about.

What is a Trust and How Does It Work?

A trust is a legal arrangement where you (the “settlor” or “grantor”) place assets under the control of someone you trust (the “trustee”) to manage for the benefit of your chosen beneficiaries. Unlike a will, a trust can take effect during your lifetime and continue after your death.

Florida trust law offers several advantages compared to simple wills:

  • Avoids the time and expense of probate
  • Provides privacy (unlike wills, which become public record)
  • Can reduce estate taxes for larger estates
  • Offers protection from creditors in certain cases
  • Allows for the management of assets if you become incapacitated

When you create a trust, you’re essentially creating a separate legal entity that holds and manages assets according to your instructions. The trustee has a legal duty to follow these instructions and act in the best interests of your beneficiaries.

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Types of Trusts Available in Florida

Florida law allows for many different types of trusts, each serving different purposes. Our attorneys help you select and design the right trust for your situation:

1. Revocable Living Trust

The most common type of trust, a revocable living trust, allows you to:

  • Maintain complete control over your assets during your lifetime
  • Change or cancel the trust at any time
  • Avoid probate after your death
  • Keep your affairs private
  • Create a plan for managing assets if you become incapacitated

2. Irrevocable Trust

Once established, an irrevocable trust generally cannot be changed. While this means giving up some control, these trusts offer significant benefits:

  • Reduction in estate taxes
  • Preservation of assets for Medicaid eligibility
  • Asset protection for beneficiaries

3. Special Needs Trust

For families with loved ones who have disabilities, a special needs trust allows you to provide financial support without affecting eligibility for government benefits like Medicaid or Supplemental Security Income (SSI).

4. Asset Protection Trust

These specialized trusts shield assets from potential future creditors, lawsuits, and other claims. They’re particularly valuable for business owners, doctors, and others in high-risk professions.

5. Charitable Trust

Charitable trusts allow you to support causes you care about while potentially receiving tax benefits. Options include:

  • Charitable remainder trusts
  • Charitable lead trusts
  • Private foundations

Our attorneys take the time to understand your specific situation and goals before recommending the best trust structure for you. 

How Trusts Help You Avoid Probate in Florida

One of the biggest benefits of a trust is avoiding Florida’s probate process. Probate is the court-supervised process of distributing assets after someone dies. It can be:

  • Time-consuming (often 6-12 months, sometimes years)
  • Expensive (attorney fees, court costs, etc.)
  • Public (all documents filed become public record)
  • Stressful for grieving families

When you place assets in a trust, they’re no longer considered part of your probate estate. Instead, they pass directly to your beneficiaries according to the terms of your trust, without court involvement.

The Legal and Practical Aspects of Florida Trusts

Creating an effective trust involves more than just signing documents. It requires careful planning and attention to detail:

1. Funding Your Trust

Many trusts fail because people don’t properly “fund” them by transferring assets into the trust. Our attorneys help you:

  • Retitle real estate, bank accounts, and investments
  • Update beneficiary designations
  • Transfer business interests
  • Ensure your trust owns what it’s supposed to own

2. Selecting the Right Trustee

Choosing who will manage your trust is a critical decision. Your trustee should be:

  • Trustworthy and responsible
  • Good with financial matters
  • Able to follow directions
  • Willing to serve, potentially for many years

We help you consider all options, including family members, friends, professional trustees, or a combination approach.

3. Understanding Legal and Tax Implications

Different trust structures have different legal and tax consequences. Our attorneys explain these clearly so you can make informed decisions about:

  • Income tax treatment
  • Estate and gift tax considerations
  • Generation-skipping transfer taxes
  • State-specific rules and requirements

We handle the details so you can enjoy the peace of mind that comes from knowing your plan will actually work when your family needs it most.

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

Common Trust Planning Mistakes to Avoid

Many people make costly mistakes when setting up trusts. We help you avoid problems like:

DIY Trust Documents

Online or store-bought trust documents often fail to address Florida-specific laws and your unique situation. These one-size-fits-all solutions can create more problems than they solve.

Failing to Fund the Trust

Creating a trust document is only the first step. If you don’t transfer assets into the trust, they’ll still go through probate, defeating a primary purpose of having a trust.

Choosing the Wrong Type of Trust

Different trusts serve different purposes. Using the wrong type can result in unnecessary taxes,a lack of asset protection, or unintended consequences for beneficiaries.

Neglecting to Update Your Trust

Life changes—marriages, divorces, births, deaths, moving to a new state—all these events may require updates to your trust to ensure it still accomplishes your goals.

A thoughtful, professionally designed trust can save your family significant time, money, and stress while ensuring your wishes are carried out exactly as you intend.

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

Creating Your Florida Trust Plan

At Berg Bryant Elder Law Group, we believe trust planning should give you peace of mind and confidence about the future. Our Florida trust attorneys serve clients throughout Northeast Florida, including Jacksonville, Orange Park, St. Augustine, and surrounding areas.

We take the time to listen to your concerns, explain your options, and create a trust plan that accomplishes your goals while protecting what matters most to you.

Don’t leave your legacy to chance. Contact us today to schedule a consultation and learn how we can help you create a trust plan that works for you and your family.

Frequently Asked Questions

About Trusts

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

The cost of creating a trust depends on its complexity and your specific needs. Basic revocable living trusts typically range from $1,500 to $3,500, while more complex trust arrangements may cost more. However, this investment often saves far more in probate costs, taxes, and other expenses over time.

Can I be my own trustee?

Yes, with a revocable living trust, you can (and usually should) serve as your own trustee during your lifetime. This allows you to maintain complete control over your assets. You’ll name successor trustees to take over if you become incapacitated or when you pass away.

How long does it take to set up a trust?

For most clients, we can complete a trust within 2-4 weeks. This includes the initial consultation, drafting documents, review, and signing. More complex situations may take longer, especially if they involve business interests or unusual assets.

Will a trust help reduce taxes?

Certain types of trusts can help reduce estate taxes for larger estates. For most people with estates under the federal estate tax exemption, the tax benefits are more limited but can still be valuable in specific situations.

Can I change my trust after I create it?

With a revocable living trust, yes—you can change or even revoke it completely during your lifetime. Irrevocable trusts are more difficult to change, though some modifications may be possible under certain circumstances allowed by Florida law.

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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