Understanding Trusts with Florida Estate Planning Attorney Nick Carryl

In the vibrant communities of Plantation, Davie, Weston, Coral Springs, Tamarac, Margate, and beyond, estate planning is a crucial conversation. At Carryl Law Firm PLLC, led by experienced estate planning attorney Nick Carryl, Esq., we demystify the complexities of trusts for our clients in Broward County, Miami-Dade County, Palm Beach County, and across Florida.
Ever mulled over a will? Then you’ve probably heard of trusts. They’re like the dynamic duo of estate planning – Batman and Robin, if you will. But trusts are a diverse lot, and not every type ties back to a will. Some trusts even come into play while the beneficiary is still kicking.
The beauty of trusts? They’re great sidesteppers. They help avoid probate and estate taxes, ensuring your assets don’t get caught up in legal tangles. Since they’re not subject to probate, there’s no need for a court review. After the trust’s creator (known as the “grantor” or “settlor”) passes away, the trustee distributes the trust property. And guess what? All those pesky taxes and debts are managed by the trust, leaving heirs and beneficiaries tax-free and stress-free.

Trust Types: A Snapshot

Broadly, trusts are either revocable or irrevocable, with several subtypes anchored to the grantor’s goals.

Revocable Trusts: Think of these as trusts with an ‘edit’ option. As the grantor, you can tweak them during your lifetime. It’s like having your cake (as the grantor) and eating it too (as the trustee and beneficiary). Though, in most places, there needs to be another beneficiary on board. What’s cool? As a grantor, you can pop assets into the trust or take them out as needed, neatly segregating them from your other belongings. But remember, these trusts aren’t immune to creditors or legal judgments. They’re all about giving the grantor the reins to control how beneficiaries access their inheritance.

Irrevocable Trusts: Set in stone, these trusts are, well, irrevocable. Once created, they’re out of the grantor’s hands. That means no altering terms, no accessing the property, and complete immunity from creditors. Every rule, every designation, sticks, irrespective of life’s curveballs. However, in some places, if all beneficiaries give a thumbs-up, tweaks might be possible. Always double-check with an estate planner before sealing the deal.

Special Needs Trusts: A subset of irrevocable trusts, these are for those who require lifelong financial aid and are pegged to benefits like Medicare or Medicaid. Since there’s a cap on how much these individuals can pocket without jeopardizing their benefits, these trusts bridge the gap, offering more without compromising on essential benefits.

Personalized Trust Planning at Carryl Law Firm PLLC

At Carryl Law Firm PLLC, we believe in personalized guidance for your trust planning needs. We understand that each individual and family in Miami-Dade County, Palm Beach County, and across Florida has unique needs. That’s why we offer our Peace of Mind Planning Session to explore the right type of trust for your estate.

We’re Here to Help!

Drafting a trust isn’t a DIY task, despite the alluring simplicity of online templates. Whether you’re considering a unique trust like special needs or spendthrift, we’ve got your back! Dive in with our Peace of Mind Planning Session – be it virtually or face-to-face. Fill out our questionnaire, and we’ll guide you through your options, all at transparent flat rates. Bonus: Mention this blog, and we’ll ditch our usual $450 fee! Ready to embark? BOOK YOUR PEACE OF MIND PLANNING SESSION NOW.