Testamentary Trust Attorney in Coral Gables, FL
Protect your life’s work and give your children a structured, responsible financial future with a tailored Florida Testamentary Trust.
If something happened to you tomorrow, your minor child wouldn’t inherit gradually or with any oversight. In Florida, once a beneficiary turns eighteen, they’re entitled to receive their full inheritance outright, in one lump sum, no matter how large it is. Most parents in Coral Gables and across Miami-Dade don’t love that idea. Eighteen is legally an adult, but it’s rarely the age at which someone is ready to manage an inheritance wisely.
A testamentary trust solves this. Unlike a trust you create and fund during your lifetime, a testamentary trust lives inside your will and only comes into existence after you pass away. It lets you set the terms for how and when your children, or any other beneficiary, receive what you’ve left them, with a trustee managing the assets responsibly in the meantime.
What Happens Without a Testamentary Trust in Place
Your child receives everything at once, with no limitations. Without a testamentary trust, a minor beneficiary’s inheritance typically passes to them outright once they reach adulthood under Florida law. There’s no trustee, no staged distribution, and no protection against poor decisions made at nineteen or twenty that a parent would never have approved of.
The court may have to appoint a guardian of the property. If a beneficiary is still a minor when you pass away and there’s no testamentary trust or other planning in place, Miami-Dade’s courts may need to appoint a guardian to manage the inheritance until the child turns eighteen. That process is public, supervised, and adds cost and delay to something that could have been handled privately through your will.
Your wishes for how the money is used disappear. Maybe you wanted the funds to go toward education first, with the remainder released later. Without a testamentary trust spelling that out, none of those preferences carry any legal weight. The inheritance is simply handed over, with no structure behind it at all.
How a Testamentary Trust Actually Works
A testamentary trust is written directly into your will. Under § 732.502, Florida requires your will to be properly signed and witnessed for any provision inside it, including a testamentary trust, to be legally enforceable. Once you pass away, the trust is created through the probate process and funded with the assets you designated.
From there, you decide the terms. Many parents choose staged distributions, perhaps a portion at twenty-five and the remainder at thirty, while a trustee you’ve named handles the assets responsibly in between, covering things like education, healthcare, and living expenses along the way. Testamentary trusts are governed by Florida’s Trust Code, Chapter 736, which sets the legal framework for how the trustee must manage and distribute the assets on your behalf. A testamentary trust can also be used for beneficiaries beyond your children, including a family member who isn’t ready to manage a large sum on their own.
What Working With Us Looks Like
Tell Us Everything
Your first conversation with our trust attorney is a judgment-free deep dive into your family, your assets, and what you actually want for your kids. You leave knowing exactly where you stand.
Get a Clear Path Forward
We help you decide whether a testamentary trust fits your goals, and if so, what terms make sense for your family, then draft the language into your will.
Get Back to Your Life
We handle the drafting, execution, and coordination with the rest of your estate plan, and keep you informed at every step. You won't have to chase us for updates.
What our customers say
Answering Frequently Asked Questions
Does a testamentary trust avoid probate?
No. Because a testamentary trust is created through your will, it goes through Miami-Dade’s probate process before it’s funded. If avoiding probate entirely is your priority, a trust created during your lifetime may be a better fit, and we can walk you through that option as well.
Who manages the trust once it's created?
The trustee you name in your will. This can be a family member, a trusted friend, or a professional fiduciary, depending on how much oversight the situation calls for.
Can a testamentary trust be changed after I create it?
Yes, as long as you’re alive and have legal capacity. Because it lives inside your last will and testament, you can revise the terms of your testamentary trust anytime you update your will.
Is a testamentary trust only for minor children?
No. While it’s most commonly used for minor or young adult beneficiaries, a testamentary trust can also protect an adult child who struggles with money management, or provide structured support for a family member with ongoing needs.
Contact a Testamentary Trust Attorney Today
A testamentary trust is one of the simplest ways to make sure your children inherit responsibly, not just immediately. Call us, tell us about your family, and we’ll help you build a testamentary trust that reflects exactly how you want your legacy handled.
Martha Mendez
Martha Mendez, Esq. is a highly dedicated attorney with seven years of experience specializing in elder and estate planning, real estate, and family law. Her unique professional journey—rising from a legal secretary and paralegal to an attorney—reflects a deep commitment to the field, culminating in a Juris Doctor earned cum laude from St. Thomas University. A member of the National Academy of Elder Law Attorneys, Martha is passionate about protecting her clients' assets and navigating complex life transitions with expertise. When she isn't advocating for her clients, the Florida International University alumna enjoys boating, kayaking, and traveling with her husband and three children.