Planning your legacy is one of the most important steps you can take for your future. Yet many Florida families aren’t sure whether to create a trust, a will, or both.
At our firm, our Florida estate planning attorneys help people make these choices every day. We’ve seen how the right plan can protect families, avoid legal stress, and make sure loved ones are taken care of.
In this guide, we’ll explain the differences between wills and trusts, how they work in Florida, and which option might be best for your goals.
What Is Estate Planning, and Why Does It Matter?
Estate planning isn’t just about what happens after you pass away. It’s about making sure your wishes are followed, your family is protected, and your assets are handled the right way.
Good estate planning can:
- Avoid lengthy court proceedings
- Prevent family disputes
- Protect your wealth from creditors or taxes
- Provide for children, dependents, or special needs family members
- Ensure someone you trust is in charge of your care if you become incapacitated
Even a basic estate plan can make a big difference. But to get it right, you need to choose the right tools.
Trusts and Wills: What’s the Real Difference?
Many people think a will and a trust are the same. They’re not. They both help control what happens to your assets, but they do so in very different ways. Let’s break it down:
What Is a Will?
A last will and testament is a legal document that states who should receive your assets after you die. It also allows you to:
- Name guardians for minor children
- Choose an executor to manage your estate
- Provide specific instructions for your belongings
Wills are straightforward to create. However, in Florida, all wills go through probate—a court-supervised process. That means the court checks your will, pays off debts, and then approves asset distribution. Only assets that are titled in the decedent’s name, without beneficiary or survivorship designations, will go through probate and be distributed according to the will.
What Is a Trust?
A trust is a legal entity that holds your assets while you’re alive and distributes them after you pass—without going through probate. You (the grantor) choose a trustee to manage the assets for your beneficiaries.
The most common type is a revocable living trust, which allows you to make changes or revoke it during your lifetime.
Trusts offer more privacy, control, and flexibility, especially for people with significant assets, multiple properties, or complex family situations.
You can establish a trust within your will, also known as a testamentary trust, but that is less common nowadays, as living trusts avoid probate altogether, whereas testamentary trusts are only created during probate by instructions in the will.
Main Differences Between a Trust and a Will
Here are the key differences explained simply:
1. Probate Process
- Wills must go through probate in Florida. This process can be public, slow, and expensive.
- Trusts avoid probate entirely. The assets go directly to your beneficiaries.
2. Timing of Control
- Wills only take effect after death.
- Trusts generally work during your life and after your death.
3. Privacy
- Wills become public records during probate.
- Trusts remain private and are not published through the court system.
4. Guardianship
- Wills allow you to name guardians for minor children.
- Trusts do not—so most people still have a simple will in addition to their trust.
5. Asset Protection
- Trusts can provide protection against creditors, lawsuits, or mismanagement.
- Wills do not provide this level of security against creditors or lawsuits, although funds in an estate are still protected from mismanagement by the executor.
When Might You Need a Will?
A simple will may be enough if:
- You have few assets or only one property
- Your family situation is straightforward
- You don’t mind the probate process
- You’re mostly focused on naming guardians for young children
Even if you have a trust, most people still use a “pour-over will“ to catch any assets not included in the trust, such as lawsuit settlements, tax refunds, or an inheritance from another family member.
When Is a Trust the Better Option?
A trust may be better if:
- You want to avoid probate
- You own real estate in multiple states
- You want to keep your estate details private
- You have a blended family
- You care for someone with special needs
- You want to control when and how heirs receive money
Trusts also help if you become incapacitated. Your trustee can manage your affairs without needing court involvement.
Can You Have Both a Will and a Trust?
Yes! In fact, most people do.
A revocable living trust handles the assets you place into it. But if you forget to move an asset into your trust—or if something new is acquired—the will can cover the rest. That’s called a pour-over will, which transfers anything left into the trust.
What Happens Without Either?
If you die in Florida without a will or trust, the state uses intestate succession laws to decide who gets your property. That often leads to confusion, conflict, and costly delays.
The court will also appoint guardians for your children and a personal representative to manage your estate—without your input.
Situations Where a Trust Offers Big Advantages
Many families benefit more from trusts than they realize, regardless of the value of their wealth. Here are examples where a trust is especially helpful:
You Own Property in More Than One State
Avoiding probate in multiple states saves time and money for your heirs.
You Have a Special Needs Child
A special needs trust protects benefits like Medicaid or SSI while still providing support.
You’re in a Second Marriage
Trusts help make sure your spouse is supported, while preserving assets for children from a previous relationship.
You Want to Avoid Delays
Trusts allow fast access to funds without waiting months for court approval.
Estate Planning and Incapacity
A will only helps after death. But what if you become sick or disabled?
That’s where a trust, along with powers of attorney and advance directives, can help. Your chosen trustee or agent can step in right away, pay your bills, manage your assets, and follow your wishes—no court involvement needed.
Common Misconceptions About Wills and Trusts
Let’s clear up a few myths we hear often:
- “I’m too young to need a trust.”
Not true. Trusts help people of all ages, especially if you own property or have kids. - “Only rich people need trusts.”
Wrong again. Trusts protect families in all economic classes, too. It’s about control, not just wealth. - “Everything automatically goes to my spouse.”
Not always. Florida law doesn’t guarantee this if other family members are involved.
Still unsure? Talk to a Florida estate planning attorney. We’ll review your situation and help you make the right call.
Frequently Asked Questions About Trusts and Wills
Q: Can I update my trust or will later?
A: Yes. You can revise a revocable living trust or will anytime, as long as you’re mentally competent. Life changes like marriage, divorce, or having children are common reasons to update your estate plan.
Q: What happens if I move out of Florida?
A: Your estate plan may still be valid in another state, but it’s smart to have it reviewed. State laws differ when it comes to probate, taxes, and property. A quick review with a new attorney can prevent future problems.
Q: Can a trust protect my assets from nursing home costs?
A: Possibly. While a standard revocable trust won’t shield assets from Medicaid, an irrevocable trust can. Planning early gives you the best chance of protecting your home and savings.
Q: What if I have minor children?
A: A will is essential to name guardians, but a trust ensures their inheritance is managed wisely. Without a trust, the court controls their assets until they turn 18—then it all becomes theirs, no matter how large the amount.
Q: Is estate planning expensive?
A: Not as much as you might think. Compared to the cost of probate or legal battles, proper planning is often more affordable in the long run. Our Florida estate planning attorneys offer clear pricing and free consultations to help you get started.
How a Florida Estate Planning Attorney Helps
Estate planning isn’t one-size-fits-all. That’s why we take the time to understand your goals and explain your options.
Our Florida estate planning attorneys can:
- Help you decide between a trust, a will, or both
- Prepare custom documents that meet state law
- Transfer your assets into your trust
- Make sure your beneficiaries are correctly listed
- Plan for taxes, healthcare, and incapacity
- Keep your documents up to date
We’ve guided clients across Florida with everything from simple wills to complex trusts and legacy plans.
What to Do Next
If you’re thinking about a will or trust, start with a conversation. We’ll help you understand what works best for your unique situation.
Here are a few steps you can take:
- Make a list of your assets
- Think about who you want to care for your children
- Write down any special instructions or goals
- Set up a consultation with a Florida estate planning attorney
Why Expert Guidance from an Attorney Matters
It’s easy to download a will template or try a DIY trust online. But Florida law is specific, and mistakes can leave your family unprotected.
That’s why having a real Florida estate planning attorney matters.
We’ve seen how proper planning makes life easier for loved ones during tough times. We work closely with our clients to ensure every document is valid, detailed, and built to achieve their goals.
From your first consultation to final signature, we’ll give you peace of mind.
Contact Us for a Free Consultation
At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve helped Florida families protect their wealth and legacy for over 60 years. We take the time to listen, explain your options clearly, and create plans that work.
Why clients trust us:
- Award-winning attorneys
- Local knowledge of Florida estate law
- Personalized attention and respect for your wishes
- No-pressure consultations
Contact us today for your free estate planning consultation. Let’s secure your future—together.
