Probate Court Is Public, Slow, and Expensive.
A Trust Bypasses All of It
When you pass away, your assets don’t automatically go to your family. Before anyone can touch a bank account, sell a home, or access an investment portfolio, Miami-Dade’s probate court has to supervise the entire process. That can take a year or more. Every filing is a public record. And your family is responsible for maintaining and paying for everything in the estate while they wait.
A trust changes all of that. It holds your assets and controls what happens to them while you’re alive, if you lose the ability to speak for yourself, and after you’re gone—all without a single court appearance.
We've Helped Families Throughout Miami-Dade Stay Out of Court. Here's What That Takes
There’s no shortage of attorneys who can put a trust together. What matters is whether it’s built correctly for Florida—and specifically for your situation. We’ve seen out-of-state trusts that cost families their homestead exemption without anyone realizing it. We’ve seen revocable trusts that left homes exposed to Medicaid recovery. We’ve seen irrevocable trusts drafted too late to survive Florida’s five-year lookback period.
We’ve practiced trust law in Miami-Dade for decades. We know the Eleventh Judicial Circuit, Florida’s homestead rules, and the specific details that determine whether a trust actually does what it’s supposed to when the time comes. We get it right the first time—because that’s the only time it matters.
What Life Looks Like With a Trust in Place
When you pass, your family doesn’t go to court. They don’t wait on a judge. They don’t spend a year maintaining a home they don’t legally own yet or watching your estate drain through legal fees. Your assets go directly to the people you chose—privately, immediately, and exactly the way you intended. If you ever lose the ability to manage your own financial or legal affairs, the right person steps in without a guardianship petition. Everything you built stays protected and moves forward on your terms.
Different Trusts for Different Situations
Revocable Living Trust
You set it up during your lifetime, stay in complete control, and can change it whenever you want. When you pass, your assets go directly to the people you chose—no probate, no delays. For homeowners in Coral Gables and Miami-Dade, this is often the single most impactful planning decision you can make.
Irrevocable Trust
Once you transfer assets in, they're no longer legally yours—which is exactly the point. They're protected from creditors, excluded from your taxable estate, and don't count against you for Medicaid eligibility. Under § 736.0602, the terms are binding once set, and that permanence is what makes it effective.
Testamentary Trust
This trust lives inside your will and only activates when you pass. It's most commonly used by parents who want to leave assets to their kids without handing a teenager a lump sum. You set the terms—distributions at 25, the remainder at 30—and a trustee handles it responsibly in between.
Special Needs Trust
A direct inheritance can immediately disqualify a loved one from SSI or Medicaid. A properly drafted special needs trust under § 736.0505 holds assets for their benefit without affecting eligibility—covering transportation, education, and personal care while keeping every benefit intact.
Answering Commonly Asked Questions
Does Florida's homestead exemption still apply if my home is in a trust?
It can, but only if the trust is set up the right way. A lot of people assume the exemption just follows the property automatically. It doesn’t. If the trust isn’t structured correctly, you could lose your Save Our Homes cap or your creditor protections under § 196.031 without even realizing it. We see this constantly with out-of-state trusts that clients bring to us after moving to Coral Gables. It’s an easy fix when you catch it early and a real headache when you don’t.
Can a trust protect my home from Medicaid recovery after I pass?
An irrevocable trust can, but a revocable trust cannot, because you still legally control everything inside a revocable trust. Florida’s Medicaid Estate Recovery Program under § 409.9101 treats those assets as yours and can come after them to recover what the state paid for your care. An irrevocable trust, on the other hand, removes your home from your estate entirely—meaning there’s nothing for the state to recover. The catch is timing. Florida has a five-year lookback period, which means the transfer has to happen well before you need Medicaid for it to hold up. The earlier the better.
Florida has no estate tax, so why would I even need a trust?
Fair question, and it makes sense. Florida’s lack of a state estate tax is definitely one of the perks of living here. But probate is not a perk, nor is draining your asset value before your family is allowed a penny. And neither is leaving your information a public record.
What happens to my trust if I get divorced in Florida?
Under § 736.1105, divorce automatically revokes the provisions in your trust that benefit your former spouse, so that part takes care of itself. But the rest of the trust stays exactly as it was, which can create some unintended outcomes depending on how everything was created. If you’re going through a divorce in Miami-Dade, your trust needs a fresh set of eyes before things are finalized. Since we handle both family law and estate planning, we’re used to looking at both sides of that at the same time.
I own property in Florida and another state. Does one trust cover both?
Yes, which is a huge plus for families with multiple properties.
Keep Your Family Out of Court. Keep Your Legacy in Your Own Hands
If you want your family to stay out of probate, inherit assets immediately after your passing, and ensure your estate will be protected, a trust is the right tool for you. We’re here to draft your customized trust to provide for you and your family as intended.
Schedule your consultation with Family Life Law Today
If you’re dealing with an estate planning, probate, or family law matter and want to understand your options, contact us today to schedule a consultation.