Trusts.

A trust can hold and manage assets under its own terms, during life and afterwards.

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Whether a trust fits your goals.

Explore whether a trust fits your goals for management, privacy, distribution, or long-term planning.

  • Goals

    Whether a trust suits the circumstances at all

  • Documents

    Management of assets during life

  • Decision-makers

    Distribution terms after death

  • Beneficiaries

    Naming and sequencing trustees

  • Coordination

    Funding the trust so it works as intended

A few general points about trusts.

General information about how trusts commonly work, not advice about any individual situation.

  1. A trust and a will do different things

    A will records directions taking effect at death. A trust can hold and manage assets under its terms during life and after.

  2. An unfunded trust does little

    A trust generally governs what is actually transferred into it. Funding is the step most often left incomplete.

  3. The trustee holds ongoing authority

    Unlike a personal representative’s finite role, a trustee may act for a long time. Successors matter as much as the first choice.

  4. Complexity has a cost

    Trusts add administration. Whether that is worth it depends on what the plan is trying to achieve.

Questions about trusts.

These answers explain trust purpose, trustees, funding, incapacity planning, probate considerations, and coordination with the rest of an estate plan.

What is a revocable trust?

A revocable trust is an agreement under which a trustee manages property titled to the trust under its terms. The person creating it can commonly serve as trustee and retain the ability to amend or revoke it while legally capable, subject to the document and Florida law.

What does a trustee do?

A trustee holds and administers trust property for the beneficiaries according to the trust terms and applicable fiduciary duties. The role can include investment, recordkeeping, distributions, tax coordination, and communication with qualified beneficiaries.

What does it mean to fund a trust?

Funding means transferring appropriate assets to the trustee or otherwise coordinating them with the trust. A trust generally governs property actually held by it, so an unfunded or partially funded trust may leave assets to another transfer process.

Can a trust help if the person creating it becomes incapacitated?

A properly funded revocable trust can authorize a successor trustee to manage trust property if the current trustee can no longer act. Powers of attorney and healthcare directives are still used for authority outside the trust.

Does a revocable trust keep every asset out of probate or make everything private?

Not necessarily. Assets outside the trust may still require probate, and some filings, disputes, tax matters, deeds, or other records can become public. The result depends on funding, beneficiary designations, ownership, creditor issues, and the plan as a whole.

How should a trust coordinate with a will and beneficiary designations?

The will, trust, powers of attorney, healthcare documents, account titles, deeds, and beneficiary designations should be reviewed together. Conflicting instructions or incomplete funding can defeat the intended sequence of management and distribution.

Client experiences.

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I want to express my deepest appreciation to Colina Law, Mary, and her staff who represented me during my car accident case. They did an outstanding job from start to finish. Their professionalism, constant communication, and genuine care made a difficult situation so much easier to navigate. They always kept me informed, answered my questions promptly, and ensured I felt supported throughout the entire process. Their dedication and attention to detail truly set them apart. I am extremely grateful for their hard work and highly recommend this team to anyone in need of reliable, compassionate, and skilled legal representation. For our Latino community! COLINA LAW, the best lawyer in all of Southwest Florida! If you are looking for legal representation, go to Mary Colina and her team. They did an exceptional job from beginning to end. Their professionalism, constant communication, and genuine concern made a difficult situation much more bearable. They always kept me informed, answered my questions promptly, and made sure I felt supported throughout the entire process. Their dedication and attention to detail truly set them apart. I am extremely grateful for their hard work and highly recommend this team to anyone needing reliable, compassionate, and expert legal representation. Thank you so much!Iracema MichelicheGoogle Review
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