Wills and Trusts

Estate Planning Floating Call Button 📞904 877 3161

Secure Your Legacy with Wills and Trusts

Planning for your family’s future is essential to ensure their financial stability and peace of mind. At The DeVries Law Firm, P.A., we provide guidance to individuals and families in Jacksonville and across Florida to create estate plans tailored to their needs. Whether you’re considering a will, a trust, or both, we’re here to help you understand your options and make informed decisions.

Understanding the Benefits of Wills and Trusts in Florida

Wills and Trusts in Florida: What You Need to Know

Many individuals planning their estates have questions like:

What is a trust in Florida?
Should I choose a will, a trust, or both?
What are the benefits of each option?

Our goal is to help you navigate these important decisions with clarity and confidence.

What Is a Will in Florida?

A will is a legal document outlining your wishes for the distribution of your assets after your passing. It also allows you to:

Appoint a guardian for minor children.
Name a personal representative to handle your estate.
Specify how debts and taxes should be addressed.

To be valid in Florida, a will must meet specific legal requirements:

The document must be in writing.
It must be signed by the individual making the will (the testator) in the presence of two witnesses.
The witnesses must also sign in the testator’s presence.

If you’re wondering how to create a will in Florida, our team will guide you through each step to ensure your document is legally sound and accurately reflects your wishes.

What Is a Trust in Florida?

Trust:

A trust is a legal arrangement where a trustee manages assets for the benefit of designated beneficiaries. Trusts can provide a range of benefits, including:

Avoiding probate, saving time and costs for your loved ones.
Maintaining privacy, as trust details do not become public record.
Offering control over how and when assets are distributed.

Types of trusts available in Florida include:

Revocable Trusts: These can be modified or revoked during your lifetime.
Irrevocable Trusts: These typically cannot be changed but may provide tax advantages and creditor protection.
Special Needs Trusts: Designed to support individuals with disabilities without affecting their eligibility for government benefits.

If you’ve asked yourself, “What is a trust in Florida, and is it right for me?” we’re here to help you explore the options that align with your goals.

Will vs. Trust in Florida

Will vs. Trust in Florida: Which Option Is Right for You?

Choosing between a will and a trust depends on your personal circumstances. Here’s a comparison to help clarify the differences:

Aspect	Will	Trust
Probate	Subject to probate	Avoids probate
Privacy	Becomes part of public record	Remains private
Effectiveness	Takes effect after death	Can manage assets during lifetime
Setup Cost	Typically lower upfront cost	May involve higher initial cost

In many cases, a comprehensive estate plan includes both a will and a trust. Our team will work with you to determine the most suitable approach.

Schedule Your Consultation Today

Tailored Estate Planning Solutions for Jacksonville Families

How to Create a Will in Florida: Key Steps to Follow

Creating a will doesn’t have to be complicated. Here are the steps involved:

Inventory Your Assets: Compile a list of your property, financial accounts, and other assets.
Identify Beneficiaries: Decide who will inherit specific assets.
Appoint a Personal Representative: Choose someone you trust to carry out your wishes.
Consult an Attorney: Work with an experienced professional to ensure your will complies with Florida laws.

We are here to guide you through the process with care and attention to detail.

Why Choose The DeVries Law Firm for Estate Planning?

Personalized Planning

Your family’s needs and goals are unique, and we take the time to understand them fully. Our estate planning services are tailored to meet your specific circumstances, ensuring that your wishes are honored and your loved ones are protected.

Clear Communication

We believe that the estate planning process should be clear and straightforward. We explain every step in plain language, ensuring you feel confident and informed as you make important decisions for the future of your family.

Reliable Support

From drafting documents to implementing your estate plan, we’re with you every step of the way. Our reliable support ensures that your plan is carried out as intended, giving you peace of mind that your wishes will be honored.

Schedule a Consultation

Frequently Asked Questions About Florida Wills and Trusts

FAQ Section: Will vs Trust

Frequently Asked Questions: Will vs. Trust

+ Do I need a will if I already have a trust?

Yes. A will acts as a safety net to address assets not included in your trust and to address other important matters, like naming a guardian for minor children.

+ Can I update my will or trust?

Yes, both can be updated as your life circumstances change. Regular reviews of your estate plan are recommended to ensure it reflects your current wishes.

+ How do trusts avoid probate?

Assets in a trust are managed by the trust itself, not the individual. This allows them to bypass the probate process and be distributed directly to beneficiaries.

+ What happens if I don’t have a will?

Without a will, Florida’s intestacy laws determine how your assets are distributed. This may not align with your personal wishes.

+ Can a will or trust help minimize taxes on my estate?

A will or trust can help with tax planning, but certain trusts, such as irrevocable trusts, may offer specific tax benefits. Florida does not impose an estate tax, but federal estate tax considerations may apply to larger estates.

+ What happens to my assets if I don’t have a will or trust?

If you pass away without a will or trust, Florida’s intestacy laws will dictate how your assets are distributed. This process may not align with your wishes and can cause unnecessary delays and disputes among your loved ones.

+ Can I create a will or trust on my own?

While do-it-yourself tools are available, working with an attorney ensures that your will or trust complies with Florida law and accurately reflects your intentions. Mistakes in self-drafted documents can lead to costly legal disputes.

+ How often should I update my will or trust?

Your will or trust should be reviewed regularly and updated after major life events, such as marriage, divorce, the birth of a child, or significant changes in assets or tax laws.

+ Can a trust protect my assets from creditors?

Certain trusts, such as irrevocable trusts, may provide protection from creditors. However, revocable trusts typically do not offer this benefit during your lifetime.

+ Are there special considerations for blended families?

Yes, blended families often require careful planning to ensure that children from previous relationships, current spouses, and other beneficiaries are treated according to your wishes. Trusts are often a helpful tool in these cases.

+ What happens to minor children if I pass away without a will?

If you have minor children and no will, a court will appoint a guardian for them. Naming a guardian in your will ensures that someone you trust will care for your children.

+ Can a trust include conditions for how beneficiaries receive assets?

Yes, a trust can specify conditions, such as age milestones, education requirements, or other criteria, for beneficiaries to receive assets. This level of control is one reason trusts are popular for estate planning.

+ How long does the probate process take in Florida?

The probate process can take several months to over a year, depending on the complexity of the estate. Trusts can help avoid probate entirely, allowing beneficiaries to access assets more quickly.

+ Can a will or trust be contested?

Yes, a will or trust can be contested in court if someone believes it was created under undue influence, fraud, or incapacity. Working with an attorney reduces the risk of disputes by ensuring your documents are legally sound.

+ Do I need a trust if I don’t have significant assets?

Not necessarily. A trust is often more beneficial for individuals with complex estates or specific goals, such as avoiding probate or providing for minor children. We can help determine if a trust is right for your situation.

Get Started on Your Estate Plan

Get Started on Your Estate Plan Today

The best time to plan for the future is now. Whether you’re creating a will, establishing a trust, or updating your estate plan, The DeVries Law Firm can provide the guidance you need.

📞 Call us today at +1 904 877 3161 to schedule a consultation, or book your appointment online.

Take the first step toward securing your legacy and protecting your loved ones. Let The DeVries Law Firm help you plan for tomorrow—starting today.

Book Appointment Online

644 Cesery Blvd. Suite 250 Jacksonville, FL 32211

Call Now For A Personalized Case Evaluation!