Florida Trust & Asset Protection FAQs
A revocable trust can be changed or canceled during your lifetime, while an irrevocable trust cannot. Irrevocable trusts are often used for tax planning and asset protection.
Yes. Naming your trust as a beneficiary on life insurance, retirement accounts, or financial assets helps ensure those funds are distributed according to your trust’s terms, avoiding probate.
Anyone with significant assets, business interests, or liability exposure can benefit from an asset protection trust to safeguard property from lawsuits, creditors, or divorce.
Yes. A “pour-over will” works with your trust to catch any assets not titled in the trust and ensures your final wishes are legally honored.
A revocable living trust is a legal tool that allows you to manage and distribute your assets without going through probate. It can be changed or revoked at any time during your life.
Yes. Assets placed in a properly funded trust bypass the probate process entirely, allowing for faster and private distribution to beneficiaries.
Understanding Trusts in Florida Estate Planning
Trusts are powerful tools that allow you to control how your assets are managed, protected, and passed down both during your lifetime and after. A properly created trust can help you avoid probate, shield property from creditors, and ensure your wishes are honored with precision.
At The Law Office of Brian P. Buchert, we design strategic trust-based estate plans for individuals, families, and business owners across Tampa and Hillsborough County. Our goal is simple: to protect what you’ve worked for and provide peace of mind through every stage of life.
Types of Trusts We Offer
- Revocable Living Trusts – Maintain full control during your lifetime, avoid probate, and ensure smooth transfer of assets after death.
- Irrevocable Trusts – Used for asset protection, tax planning, and Medicaid eligibility strategies.
- Special Needs Trusts – Provide for loved ones with disabilities without impacting government benefits.
- Testamentary Trusts – Created through a will, ideal for minor children or staged inheritance.
- Asset Protection Trusts – Guard wealth from lawsuits, divorces, or other threats.
Every trust is crafted around your goals, assets, and Florida law — no boilerplate templates or one-size-fits-all plans.
Why Use a Trust Instead of Just a Will?
- Avoid Florida Probate – Trusts allow for direct transfer of property without court involvement.
- Maintain Privacy – Unlike wills, trusts are not part of the public record.
- Prevent Delays – Loved ones can access what they need quickly and without red tape.
- Protect Assets – Safeguard your property from creditors, lawsuits, and unnecessary taxes.
If you’re concerned about how your estate will be handled or want to simplify things for your family, a trust can give you the control and clarity you’re looking for.
Living trusts offer several benefits in estate planning, but many people mistakenly believe they automatically reduce tax liabilities. In Florida, a revocable living trust does not provide direct tax advantages during your lifetime. The assets placed in a revocable trust are still considered part of your taxable estate, and you are responsible for reporting income and paying taxes just as you would without a trust. However, trusts can still play a strategic role in advanced tax planning when combined with other estate tools.
Although a revocable living trust does not eliminate tax obligations, it provides structure and control over how assets are managed and distributed, which can indirectly support tax strategies. In some cases, converting a trust to an irrevocable one or integrating it with charitable giving plans may offer tax benefits. A Florida estate planning attorney or tax advisor can help evaluate your financial situation and develop a comprehensive plan that leverages trusts effectively while staying compliant with state and federal tax laws.
Trusted Guidance from a Tampa Trust Attorney
Attorney Brian P. Buchert brings over 15 years of Florida estate law experience to every client. From setting up revocable trusts to complex asset protection planning, we handle everything in-house with clear communication and transparent pricing at every step.
We proudly serve Tampa, Brandon, Clearwater, St. Petersburg, and surrounding areas. No matter your stage of life, it’s never too early or too late to protect your estate.
Get Started With a Strategic Trust Plan
If you’re ready to take control of your legacy and avoid probate, we’re here to help. Schedule a confidential consultation to discuss your options and start building a trust that works for your future.
Take the next step toward security, privacy, and peace of mind.
Learn more about creating a Florida will or explore types of probate in Florida to understand how trusts help you avoid the court process entirely.