Florida Trust Attorney

This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.

 Written By:  Emil Fleysher | Published Date: July 20, 2022 
Written By: Emil Fleysher | Published Date: August 1, 2025
Florida Trust Attorney

Planning for the future is one of the most important steps you can take to protect your loved ones and everything you’ve worked for. A trust is a powerful legal tool that helps you manage your assets, reduce court involvement, and make sure your estate passes smoothly to your chosen beneficiaries. Whether you are thinking ahead or need to update an existing plan, having the right legal support makes a big difference.

Fleysher Law Bankruptcy & Debt Attorneys helps Florida families build strong estate plans through trusts. We take time to understand your goals, explain each option clearly, and guide you through every step. Our estate attorneys focus on protecting your assets and keeping your wishes in place.

Whether you want to avoid probate, protect minor children, or manage taxes, we create smart and simple plans that work for your life. Let us help you make a clear, confident choice.

Protect Your Future With a Florida Trust Attorney

A trust gives you more control over how your estate is handled now and in the future. It helps protect your assets, reduces the risk of probate delays, and gives clear instructions for your loved ones when the time comes. With proper planning, a trust can also help with long-term care, tax planning, and managing your wealth across generations.

Working with a Florida trust attorney ensures that your trust follows state laws and reflects your wishes exactly. Fleysher Law Bankruptcy & Debt Attorneys offers legal services to help you create a custom plan that protects your family and simplifies the estate process.

Whether you're setting up a basic revocable trust or something more advanced like an asset protection trust, our estate attorneys provide clear advice and dependable guidance every step of the way.

What Is a Trust and Why Do You Need One?

What Is a Trust and Why Do You Need One_

A trust is a legal arrangement that allows one person, called a trustee, to hold and manage property for someone else, called a beneficiary. Trusts can be created during your life or through your will. They are commonly used in estate planning to avoid probate, protect assets, and ensure your estate is handled the way you want.

You may need a trust if you want to avoid probate court, protect your estate from unnecessary taxes, or make sure certain family members are cared for in specific ways. Trusts can also help with long-term planning, such as caring for a loved one with special needs or supporting a favorite charity. No matter your goal, a Florida trust attorney can help set up the right trust for your situation.

Types of Trusts We Help Create in Florida

Every family has different goals, which is why we offer a variety of trust options tailored to your needs. Fleysher Law Bankruptcy & Debt Attorneys helps clients across Florida choose and set up the right type of trust to protect assets, support family members, and avoid probate delays.

A few of the most common trusts we create include:

Revocable Living Trusts

A revocable living trust is one of the most flexible estate planning tools. You remain in control of your assets during your lifetime and can change or cancel the trust at any time. This type of trust helps you avoid probate, keep your affairs private, and make things easier for your family after your death. It’s ideal for those who want to plan ahead but still have flexibility.

Irrevocable Trusts

An irrevocable trust is a powerful way to protect assets from creditors, lawsuits, or estate taxes. Once created, you usually cannot change or cancel it without court approval. While you give up some control, you gain more protection and may also qualify for benefits like Medicaid planning. These trusts are often used for asset protection and tax planning purposes.

Special Needs Trusts

A special needs trust is designed to support a loved one with disabilities without affecting their eligibility for government benefits. This type of trust allows you to set aside funds for their care, education, or quality of life while still qualifying for programs like SSI or Medicaid. It provides long-term financial support with peace of mind for the entire family.

Charitable Trusts

Charitable trusts allow you to donate assets to a cause you care about while also receiving tax advantages. These trusts can provide income to your family for a set period before transferring the remaining assets to a charity. It is a smart way to support nonprofit work, reduce estate taxes, and leave a meaningful legacy.

Asset Protection Trusts

Asset protection trusts are built to shield your wealth from lawsuits, creditors, or financial risk. These trusts are often used by business owners, professionals, and individuals with high-value assets. They are also helpful in long-term care and Medicaid planning. By placing assets into a properly structured trust, you can reduce exposure and protect your financial future.

Key Benefits of a Trust Over a Will in Florida

Key Benefits of a Trust Over a Will in Florida
  • Avoid Probate: A trust allows your assets to pass directly to your beneficiaries without going through probate court. This means your family can avoid delays, legal fees, and public court filings.
  • Keep Your Affairs Private: Unlike a will, which becomes a public record, a trust keeps your estate plan confidential. Only the people involved in the trust know the details.
  • Manage Assets If You Become Incapacitated: A revocable living trust lets your chosen trustee step in and manage your finances if you become ill or unable to handle your own affairs. This avoids court intervention and gives your family clarity and support.
  • Avoid Probate: A trust allows your assets to pass directly to your beneficiaries without going through probate court. This means your family can avoid delays, legal fees, and public court filings.
  • Keep Your Affairs Private: Unlike a will, which becomes a public record, a trust keeps your estate plan confidential. Only the people involved in the trust know the details.
  • Manage Assets If You Become Incapacitated: A revocable living trust lets your chosen trustee step in and manage your finances if you become ill or unable to handle your own affairs. This avoids court intervention and gives your family clarity and support.
  • More Control Over Inheritance: A trust gives you more options in deciding how and when your beneficiaries receive their inheritance. You can delay distributions, protect funds from creditors, or provide lifetime income.
  • Plan for Out-of-State Property: If you own real estate outside Florida, a trust helps avoid multiple probate proceedings in different states. This saves time and reduces legal costs.
  • Support Children With Special Needs: A trust can hold funds for a disabled child without affecting their access to benefits. You can ensure they are cared for without risking eligibility for aid programs.
  • Greater Flexibility and Customization: Trusts can be tailored to your specific goals, whether that includes charitable giving, business succession, or multi-generational wealth transfer.

What Does a Florida Trust Attorney Do?

  • Create and Customize Trusts: A Florida trust attorney helps you create the right type of trust based on your needs. They offer legal guidance to ensure your trust meets state law and supports your goals.
  • Assist Clients With Proper Planning: An experienced attorney will assist clients with estate planning, including asset protection, tax planning, and wealth transfer strategies. This helps you make smart choices that support your family and future.
  • Provide Help With Trust Administration: After a person passes, the attorney can help the trustee manage the trust’s assets, follow the law, and fulfill their duties properly.
  • Handle Trust Litigation and Probate Litigation: If there are disputes involving a trust or estate, a qualified lawyer can step in to represent your interests. They handle trust litigation and probate litigation to protect your rights and resolve legal conflicts.
  • Guide You Through Complex Rules: Florida trust attorneys understand the legal steps involved in setting up or modifying trusts. Many are Florida Bar Board Certified, which shows a high level of knowledge and skill.
  • Provide a Free Initial Consultation: Many of the best lawyers in Florida offer a free initial consultation. This meeting helps you understand your options without any upfront commitment.
  • Share Tools Like a Free Guide: Some law firms offer a free guide or other helpful materials to explain how trusts work. These resources make it easier to understand the process and make informed decisions.

Do I Need a Trust If I Already Have a Will?

Do I Need a Trust If I Already Have a Will_

Yes, having a trust can still be helpful even if you already have a will. A will only takes effect after you pass away, and it must go through probate court, which can take time and add costs. A trust, on the other hand, allows your assets to be managed or passed on without court involvement.

Wills are important, but they do not avoid probate. A trust can help your family avoid delays and legal stress. If you have real estate, minor children, or want more control over how your assets are used, a trust can give you that flexibility.

Fleysher Law Bankruptcy & Debt Attorneys helps families across Florida make smart choices with estate planning. We can explain how a trust works and whether it fits your situation. Adding a trust to your plan may be a wise step if you want privacy, efficiency, and more protection for your loved ones.

Common Situations Where a Trust Is Recommended

A trust can be useful in many life situations. If any of the examples below apply to you, creating a trust may help protect your estate, save money, and make things easier for your loved ones:

  • You own real estate in multiple states: A trust helps you avoid probate in each state where you own property, saving time and legal fees.
  • You want to avoid probate for your family: A trust keeps your estate out of the court system, giving your family faster and more private access to your assets.
  • You have minor children or dependents: A trust lets you name someone to manage money for children or loved ones who are not ready to handle it themselves.
  • You wish to control how heirs receive their inheritance: With a trust, you can decide when and how your beneficiaries receive their share, such as setting age milestones or conditions.
  • You are concerned about creditors or remarriage after death: A trust can help shield your estate from legal claims or protect it in case your spouse remarries after you pass away.

FAQs

A will goes through probate after a person dies, while a trust allows you to pass on assets without court involvement. Trusts offer more privacy and control. With proper estate counsel, you can include trust modifications over time and even avoid will and trust contests.

Asset protection planning can help shield your wealth from lawsuits, creditors, or divorce. A trust can keep a significant amount of your estate secure, especially when combined with smart tools like life insurance trusts or irrevocable trusts.

If you own business entities or are engaged in business planning, a trust can help with succession, taxes, and continuity. It ensures a smooth transition and keeps your affairs organized when you are no longer around.

After a person dies, the trust enters the estate administration phase. Personal representatives or trustees take over to manage distributions, pay any income taxes owed, and make sure the terms of the trust are followed.

Yes, a trust is one of the best tools for charitable planning and wealth transfer planning. It lets you give back to causes you care about while protecting your beneficiaries and passing on a full range of assets efficiently.

Contact Our Experienced Florida Trust Lawyer for a Free Consultation Today

Contact Our Experienced Florida Trust Lawyer for a Free Consultation Today

If you are thinking about setting up a trust, now is the time to get legal guidance you can rely on. At Fleysher Law Bankruptcy & Debt Attorneys, we are committed to serving clients across Florida, including West Palm Beach and surrounding areas. Our goal is to protect your assets and carry out your loved one's final wishes with care and clarity.

With extensive experience in trust and estate law and a combined experience that spans many years, our attorneys understand how to craft custom plans that fit your life and goals. Whether you need help creating a new trust or updating an existing one, we are ready to guide you through the process with skill and compassion.

We cover a wide range of practice areas, so you can count on us to meet all your estate planning needs. Contact us today for a free consultation.

Emil Fleysher
Bankruptcy & Debt Lawyer

Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies. 

He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.

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