Trusts Attorney in Boca Raton, FL
Reliable Trusts Attorney in Boca Raton, FL Since 2001
A trust only protects what you actually put into it, and that single detail is where most plans fall apart. As a trusts attorney in Boca Raton, FL, we've spent more than two decades drafting and funding trusts for South Florida families.
Why Clients Work With Our Firm
Serving Boca Raton and South Florida families since 2001
Focused practice in trusts, estate planning, probate, asset protection, and taxation
Experience across revocable, irrevocable, GRAT, QPRT, special needs, and life insurance trusts
Direct attorney access - you work with us, not a case handler
Evening and weekend consultations available by appointment
Which Type of Trust Fits Your Situation?
Clients usually arrive with a goal rather than a document in mind. Here's how the trusts we draft line up against what people are trying to accomplish:
Revocable trusts - you want to avoid probate, keep your affairs private, and retain full control to change or revoke it during your lifetime
Irrevocable trusts - you want assets removed from your taxable estate and shielded from future creditors, and you're prepared to give up control in exchange
Grantor retained annuity trusts (GRATs) - you hold appreciating assets and want to pass future growth to your children at a reduced transfer tax cost
Qualified personal residence trusts (QPRTs) - you want to pass your home to the next generation at a discounted gift value while continuing to live there
Special needs trusts - you're providing for a loved one with a disability without jeopardizing Medicaid or SSI
Irrevocable life insurance trusts (ILITs) - you want life insurance proceeds outside your taxable estate and available to your family without delay
Most plans use more than one. A revocable trust often serves as the foundation while an ILIT or special needs trust handles a specific goal - sorting that out is what a trusts attorney in Boca Raton, FL should do before anything gets drafted.
A fiduciary relationship (or legal duty) is established under a Trust when an individual (grantor) transfers property to a third party (trustee) to hold and administer the property for the benefit of one or more beneficiaries. In some cases, the grantor, trustee, and beneficiary can all be the same person. The two basic types of trusts are "revocable trusts" and "irrevocable trusts" established during the grantor's lifetime; however, "testamentary trusts" may be established under the terms of an individual's Last Will and Testament after they pass away. Through the terms of the Trust, the grantor has the ability to control when and how and to whom distributions of income and/or principal can be made. This can be especially useful to ensure that the Trust assets are protected from the creditors and/or divorcing spouses of the beneficiaries.
In most cases, it is beneficial to draft the Trust to ensure that the beneficiaries' interests are completely discretionary. Through "discretionary trusts" income and/or principal may be dispersed by the Trustee, at the Trustee's full and absolute discretion, to or for the benefit of one or more beneficiaries for their health, education, support, and maintenance; or may be based on a best-interest standard if it is an independent trustee.
It is designed this way to ensure the beneficiary is not treated as an owner of the assets held within his trust, but instead is treated as a having a beneficial interest in the trust, and the trustee has the discretion to withhold disbursements if unforeseen circumstances arise whereby the beneficiary is no longer appropriate for receiving said disbursements. This type of trust allows for the grantor to enable the trustee to discern (with pre-established specificities contained in the language of said trust) whether or not the beneficiary is entitled to the disbursements of the trust.
The language may specify that immoral lifestyle choices, divorce, habitual overspending, deadlines for certain goals not being met, among other things, may cease, or defer the benefits of the beneficiary, indefinitely, or until certain appropriate, predetermined activities, choices, and/or lifestyles are resumed.
The Step Most People Skip: Funding
We see it constantly. A family pays for a trust, signs everything, files the binder away - and never retitles a single asset into it. When the grantor dies, those assets sit in their individual name and go straight to probate, precisely the outcome the trust was meant to avoid.
Funding means changing ownership: retitling real estate, moving bank and brokerage accounts, updating beneficiary designations, and assigning business interests. It isn't difficult, but someone has to actually do it - which is why we treat it as central to the work of a trusts attorney in Boca Raton, FL rather than an administrative detail.
What Should Florida Residents Know About Trusts?
Florida's rules differ from other states in ways that catch newcomers off guard. Homestead protection is unusually strong here, and moving a homestead into a trust must be handled carefully to preserve both the creditor protection and the tax exemption. Florida also has no state income tax, making it an attractive trust situs - but only if your domicile is properly established and documented with the guidance of a knowledgeable estate planning attorney.
Serving Boca Raton and South Florida
We work with clients throughout Boca Raton, Delray Beach, Boynton Beach, Wellington, Palm Beach Gardens, and Fort Lauderdale. Whether you're establishing a first trust, revisiting one drafted years ago in another state, or serving as a trustee and unsure of your obligations, we'll give you a straight assessment of where things stand.
Frequently Asked Questions
When should I hire a trusts attorney in Boca Raton, FL?
Sooner than most people think. Common triggers include buying real estate, receiving an inheritance, starting a business, having children, or relocating to Florida. You don't need extraordinary wealth to benefit - a trust's value lies in control and probate avoidance, not just tax planning.
What's the difference between a revocable and an irrevocable trust?
A revocable trust can be amended or dissolved at any time, so you keep complete control - but because you still effectively own the assets, it offers no protection from estate taxes or your own creditors. An irrevocable trust generally cannot be changed once established, and in exchange, the assets leave your taxable estate and gain protection from future creditors.
Does a trust avoid probate in Florida?
Yes, but only for assets actually titled in the trust's name. This is the most common and most costly misunderstanding we encounter. Anything left in your individual name at death still passes through probate regardless of what the trust document says. Any trusts attorney in Boca Raton, FL should be raising this with you upfront, which is why we treat funding as part of the work rather than an afterthought, and why we recommend a "pour over will" as a backstop for assets that never made it in.
Can I serve as my own trustee?
With a revocable trust, yes - most clients serve as their own trustee and name a successor to step in upon incapacity or death. Irrevocable trusts usually require an independent trustee to achieve the intended tax and creditor protection. Choosing a successor requires real thought: the role carries fiduciary duties, recordkeeping obligations, and potential personal liability.
How much does it cost to set up a trust?
Cost depends on the type of trust, the complications of your assets, and whether it's part of a broader estate plan. A straightforward revocable trust for a family with a home and retirement accounts costs considerably less than a plan involving a GRAT, business interests, or multi-state property. We discuss fees openly at the initial consultation so you know what to expect before committing.