What is the most common type of trust in Florida?

The revocable living trust — used to avoid probate and plan for incapacity while you keep control during life. Whether it's right for you depends on your goals; a Florida attorney can advise. General information, not legal advice.

What's the difference between a revocable and an irrevocable trust in Florida?

You can change or revoke a revocable trust anytime and keep control; an irrevocable trust generally can't be changed, and you give up control in exchange for benefits some irrevocable trusts can offer. Which fits depends on your goals — a question for a Florida attorney.

What is a special needs trust in Florida?

A special needs (supplemental needs) trust holds assets for a person with disabilities without disqualifying them from needs-based benefits like Medicaid or SSI, when properly drafted. It's highly technical — work with a Florida attorney.

Does a spendthrift trust protect a beneficiary's inheritance in Florida?

A valid spendthrift provision can restrain a beneficiary from transferring their interest and limit some creditors' reach under §736.0502, but there are exceptions. Whether and how it applies is a question for a Florida attorney.

Types of Trusts in Florida

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Common types of Trusts in Florida

Revocable living Trust

Created during life and changeable anytime; commonly used to avoid probate and plan for incapacity. You keep control — so it is not asset protection.

Irrevocable Trust

Generally can't be changed or revoked once created; you give up control in exchange for benefits some irrevocable Trusts can offer, such as certain tax or planning goals. Fact-specific — for an attorney to design.

Testamentary Trust

Created by your will and funded only after death, through probate. Useful for leaving assets to minors or in stages.

Special needs (supplemental needs) Trust

Holds assets for a beneficiary with disabilities without disrupting needs-based public benefits like Medicaid or SSI, when properly drafted.

Spendthrift Trust

Includes a spendthrift provision that restrains a beneficiary's ability to transfer their interest and limits some creditors' reach (§736.0502), within limits.

Charitable Trust

Benefits a charitable purpose; certain forms can combine giving with income or tax planning. Design and compliance are an attorney/advisor matter.

Florida land trust

A Florida statutory arrangement (Ch. 689) that holds title to real estate through a trustee, often for privacy or management — distinct from an estate-planning Trust.