Wills & Trusts Lawyer in Florida

Expert Will & Trust Advice

Protecting Your Legacy

We understand that the creation of a Will and Trust in Florida is a deeply personal process - not only regarding assets, but also regarding legacy. Our Team approaches Wills and Trusts with care, compassion, and attention to detail, understanding that these conversations often arise during meaningful life transitions or difficult moments.

We believe that an estate plan should reflect the individual behind it. We work closely with clients to address unique family dynamics, personal concerns, and long-term goals, ensuring each Will or Trust is thoughtfully structured to carry out your wishes with clarity and intention.

Our goal is to provide guidance and peace of mind, helping you plan confidently while ensuring your documents meet all legal requirements and align with your life plans.

Small & Associates Law Group, P.A.

Will & Trust Services

Amendments to Wills and Trusts
Estate plans in Florida may not be one-time documents. We assist with amendments and updates to Wills and Trusts to reflect changes in your life, family, or assets. Keeping your plan current helps ensure your intentions remain clear and legally effective.

Whether you had your original estate plan drafted with our office or not, our Team is always ready to assist with amendments.
Why You Need Both a Will and Trust
A Trust alone is not enough. A properly drafted Will plays a critical role in completing an estate plan in Florida by addressing matters that a Trust does not automatically cover. When used together, a Will and Trust fill in the gaps to ensure all assets are accounted for and your wishes are fully carried out.

Frequently Asked Questions

About Wills & Trusts in Florida

Planning for the future starts with understanding how wills and trusts work and which options best fit your family's needs. Below are answers to some of the most common questions Florida residents ask about wills, trusts, probate avoidance, and protecting their loved ones through a comprehensive estate plan.
01.
Do I need both a will and a trust in Florida?
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In many cases, yes. A will directs how your assets should be distributed after your death and allows you to name a guardian for minor children, while a trust can help avoid probate, provide greater control over asset distribution, and simplify the transfer of property. Many comprehensive Florida estate plans include both documents because they serve different purposes.
02.
What is the difference between a will and a revocable living trust?
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A will only becomes effective after your death and generally must go through probate. A revocable living trust takes effect once it is created and funded, allowing assets held in the trust to be managed during your lifetime and transferred to beneficiaries without going through probate. Trusts also offer greater privacy than wills.
03.
Can a trust help my family avoid probate in Florida?
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Yes. Assets that are properly titled in a revocable living trust generally pass to beneficiaries without the probate process. While not every asset automatically avoids probate, a properly funded trust can significantly reduce the amount of property that must pass through the court system.
04.
What happens if I die without a will or trust in Florida?
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If you die without an estate plan, Florida's intestate succession laws determine who inherits your assets. The probate court will distribute your estate according to state law rather than your personal wishes. This can create unnecessary delays, additional expenses, and unintended outcomes for your family.
05.
Can I change my will or trust after it has been created?
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Yes. As long as you are mentally competent, you can generally update or revoke your will or amend a revocable living trust as your circumstances change. It is a good idea to review your estate plan after major life events such as marriage, divorce, the birth of a child, or significant changes in your financial situation.
06.
At what age should I create a will or trust?
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Every adult should consider having at least a basic estate plan. Estate planning is not only for retirees or high-net-worth individuals. If you own a home, have savings, have children, or want to choose who will make financial or healthcare decisions if you become incapacitated, it is wise to begin planning as early as possible.
07.
Can I leave assets to my children without giving them everything at age 18?
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Yes. A trust allows you to decide when and how your children receive their inheritance. Rather than receiving a lump-sum distribution at adulthood, you can provide for staggered distributions or allow a trustee to manage funds for education, healthcare, housing, and other needs until your children reach an age you choose.
08.
How often should I review my will or trust?
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You should review your estate plan every three to five years or after major life events, including marriage, divorce, the birth or adoption of a child, the death of a beneficiary, purchasing significant assets, or relocating to Florida. Regular reviews help ensure your documents continue to reflect your wishes and comply with current law.
09.
Can a trust protect my family if I become incapacitated?
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Yes. A revocable living trust can provide continuity if you become unable to manage your affairs. Your successor trustee can step in to manage trust assets according to your instructions without the need for a court-appointed guardian, helping ensure your financial affairs continue with minimal disruption.
10.
Are wills and trusts only for wealthy families?
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No. Wills and trusts benefit families of many income levels. Whether you own a home, have retirement accounts, operate a business, or simply want to make life easier for your loved ones, an estate plan can help protect your assets, reduce uncertainty, and ensure your wishes are carried out. Estate planning is about control and preparation, not just the size of your estate.

We're your Florida will & trust experts.

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