Top 5 Benefits of Including a Trust in Your Estate Plan

Including a trust in your estate plan offers significant advantages for Florida families.

Trusts have become a cornerstone of modern estate planning in Florida, offering advantages that go far beyond what a simple will can provide. Whether your primary goal is to protect your assets, avoid probate, maintain privacy, or ensure your loved ones are cared for, a properly structured trust can be an invaluable tool.

Below are the top five benefits of including a trust in your estate plan, supported by authoritative legal sources.

1. Avoiding Probate

What is Probate?

Probate is the court-supervised process of validating a will, paying debts, and distributing assets after death. In Florida, probate can be time-consuming, expensive, and public.¹

How Trusts Help:

Assets placed in a trust are not subject to probate. Upon your death, the successor trustee can immediately manage and distribute trust assets to your beneficiaries, bypassing the court process. This saves your family time, money, and stress, and allows for a smoother transition of your estate.¹

2. Maintaining Privacy

Why Privacy Matters:

Probate proceedings are public record in Florida. This means that anyone can access information about your assets, debts, and beneficiaries.²

How Trusts Help:

Trusts are private documents. The details of your assets and who receives them remain confidential, shielding your family’s financial affairs from public scrutiny.²

3. Control and Flexibility Over Asset Distribution

The Challenge:

Wills distribute assets in a lump sum, which may not be ideal for minor children, individuals with special needs, or beneficiaries who are not financially responsible.³

How Trusts Help:

Trusts allow you to set specific terms for how and when assets are distributed. You can stagger distributions over time, set conditions for inheritance, or provide for special needs beneficiaries without jeopardizing their eligibility for government benefits.³

4. Asset Protection and Tax Benefits

Protecting Your Legacy:

Certain types of trusts—especially irrevocable trusts—can shield assets from creditors, lawsuits, and even divorce settlements. This is particularly important for beneficiaries who may be at risk due to personal or financial circumstances.⁴

Tax Benefits:

Depending on the trust’s structure, you may also achieve estate tax savings, preserve government benefits for special needs beneficiaries, or reduce the risk of double taxation.⁴

5. Continuity and Incapacity Planning

The Risk:

If you become incapacitated, your assets may be frozen until a court appoints a guardian or conservator.⁵

How Trusts Help:

A trust allows your chosen successor trustee to step in immediately and manage your assets according to your instructions, without court intervention. This ensures your bills are paid, your investments are managed, and your family is cared for even if you are unable to act.⁵

Key Benefits of Trusts

Benefit	How Trusts Provide It
Probate Avoidance	Immediate asset transfer, no court involvement
Privacy	Trusts are private, not public record
Control & Flexibility	Set terms for distributions, protect minors/special needs
Asset Protection & Tax Savings	Shield from creditors, estate tax planning
Continuity & Incapacity	Successor trustee manages assets if you’re incapacitated or deceased

Conclusion

Including a trust in your estate plan offers significant advantages for Florida families. Trusts not only streamline the transfer of wealth and maintain privacy, but also provide powerful tools for asset protection, tax planning, and caring for loved ones in complex or changing circumstances.

Whether you’re planning for minor children, loved ones with special needs, or simply want to ensure your wishes are honored efficiently, a trust can be tailored to meet your unique goals.

Before establishing a trust, consult with a professional trustee group or experienced Florida estate planning attorney to ensure your trust is properly drafted, funded, and aligned with your long-term objectives.

Sources

1. The Florida Bar – Wills and Trusts Consumer Pamphlet

2. ACTEC Foundation – Understanding Probate

3. Cornell Law School Legal Information Institute – Special Needs Trusts

4. IRS – Charitable Trusts and Estate Tax Considerations

5. American Bar Association – Health and Financial Decision-Making

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Heather Maltby, Esq. and Jennifer Akin, Esq. of Coastal Trustee Group, LLC, of St. Augustine, Florida, providing lifetime, at-need, and multi-generational professional trustee services.

Coastal Trustee Group LLC (CTG) is an independent, boutique trustee firm dedicated to serving families in Northeast Florida and the Fun Coast with integrity, objectivity, and care. Founded by attorneys Jennifer Akin and Heather Maltby— both trusted names in St. Augustine estate law— CTG was created to provide a better solution for families who want professional, impartial trust administration without the conflicts or burdens that can arise when appointing an individual trustee. For a consultation, request a consultation online or call (904) 827-7777.

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