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By Spiro Verras

A trust can be a useful part of an estate plan, but it is not a requirement for every family. The right question is what you want the plan to accomplish and whether a trust offers benefits that justify its creation, funding, and administration.

What does a trust do?

A trust places property under a trustee’s management for the beneficiaries identified in the document. The terms explain who may receive distributions, when those distributions may be made, and who will manage the property if the original trustee can no longer serve.

A revocable living trust is created during life and generally allows its creator to amend or revoke it while able to do so under the applicable rules. Some trusts are irrevocable. A will can also create a testamentary trust that begins through administration after death.

When can a trust be particularly helpful?

A trust may provide continuity in managing assets during incapacity, support a minor child over time, coordinate an inheritance for a beneficiary receiving means-tested benefits, or address the needs of a blended family. It may also help manage property for a beneficiary who would benefit from assistance rather than an immediate outright distribution.

A funded revocable trust can avoid probate for assets properly held in it. That can be useful for property in more than one state, subject to the law and transfer requirements where the property is located. It is the actual ownership and transfer arrangement, not merely signing the document, that produces the probate result.

Understand what a trust does not automatically do

A revocable trust generally does not protect the creator’s property from the creator’s creditors or independently reduce federal estate taxes. Its assets may still be relevant to tax reporting, creditor issues, and other administration after death.

A trust may offer more privacy than a probated will, but it is not guaranteed to remain entirely confidential. Beneficiaries can have information rights, and a dispute or other legal requirement may bring information into court or require disclosure.

Trusts can receive assets during life or at death, but the timing affects the result. A pour-over will transferring probate property to a trust does not avoid probate for that property.

Compare the alternatives

For some people, a well-prepared will, appropriate beneficiary designations, suitable ownership arrangements, and lifetime decision-making documents provide a sensible plan. Having a will does not mean every asset must go through probate; assets passing outside the estate are governed by their own arrangements.

For others, the continuity or tailored distribution provisions of a trust are valuable. A trust-based plan still needs coordination with financial powers of attorney, health care documents, and assets that should not simply be retitled to the trust.

I can help you compare these choices in plain language. Contact Verras Law to discuss whether a trust fits your goals.

Sources: Methods of creating a Florida trust; Creditor claims against settlors; Trustee disclosure and accounting duties.

Updated October 26, 2026.