If you’re considering a revocable living trust in Jacksonville, Florida, this Q&A page explains how trusts work, what they cost, and whether they can help your family avoid probate, maintain privacy, and protect your legacy.
A revocable living trust is a legal document that holds your assets during your lifetime and allows them to transfer to your chosen beneficiaries after death—often without going through probate. In Florida, it can be changed or canceled at any time as long as you are mentally competent.
“Revocable” means you can update, amend, or revoke the trust at any time during your life. You keep control of your assets while you’re alive, and you can change beneficiaries, trustees, and instructions as your situation changes.
A will is a document that directs what happens to your estate after death, but it usually must go through Florida probate court.
A revocable living trust, if properly funded, can allow your assets to transfer privately and efficiently without probate.
Quick comparison:
Yes—in many cases, a revocable living trust can help your loved ones avoid probate for assets that are titled in the trust’s name. This is why funding the trust is so important.
“Funding” a trust means transferring ownership of assets into the name of the trust. For example:
A trust that isn’t funded may not accomplish probate avoidance goals.
A revocable living trust may be a good option if you:
No. Trusts are not just for the wealthy. Many Jacksonville families choose a living trust to reduce probate delays, avoid court involvement, and create a plan that’s easier for loved ones to manage.
After you pass away, the successor trustee you selected steps in and follows your written instructions. The trustee can:
A trustee is the person or institution responsible for managing the trust. You’re typically your own trustee while alive. You also name a successor trustee to take over if you become incapacitated or after you pass away.
Yes. Most people who create a revocable living trust act as trustee during their lifetime, keeping full control of their finances and property.
One major advantage of a trust is incapacity planning. If you become unable to manage your affairs, your successor trustee can step in and manage trust assets for your benefit—often without needing a court-appointed guardianship.
Usually, no. A revocable living trust does not typically protect assets from Medicaid spend-down requirements or long-term care costs because you still control the assets.
If you are planning for long-term care, an attorney may discuss additional strategies that may include irrevocable trusts or Medicaid planning tools.
A revocable living trust generally does not reduce income taxes or eliminate estate taxes by itself. For most people, its main benefits are probate avoidance, privacy, and smoother management, not tax savings.
Yes, most people still need a pour-over will, even with a trust. A pour-over will helps transfer assets into the trust if something was accidentally left outside the trust at death, and it can also name guardians for minor children.
Yes. A trust can include instructions that control how and when beneficiaries receive assets. This can be especially helpful if you want to:
Yes. You can change your revocable trust at any time by executing a trust amendment or restatement, as long as you have the legal capacity to do so.
Yes. Like wills, trusts can sometimes be challenged. Common reasons include:
Working with an experienced estate planning attorney can reduce the risk of disputes by using proper drafting and documentation.
The cost of a revocable living trust depends on factors like complexity, asset types, and family structure. For many people, a trust costs more than a basic will—however, it can save time, stress, and legal expense for your family later by avoiding probate.
For an exact estimate, it’s best to schedule a consultation with Schnauss Naugle Law.
Common assets placed into a living trust include:
Some assets—like retirement accounts—often require different planning considerations.
Yes. Many Florida homeowners place their home into a trust, but it must be done correctly to avoid issues with:
An attorney can help ensure the deed is properly drafted and recorded.
In most cases, yes. A major benefit of a revocable living trust is that it can transfer assets without a public probate court file, meaning many details about your estate can remain private.
The most common issue is creating the trust but not funding it properly. An unfunded trust may still lead to probate and confusion for your family.
Another mistake is failing to update the trust after major life events like:
A revocable trust can be changed and allows you to keep control.
An irrevocable trust is generally harder to change and may be used for specific asset-protection or tax goals.
Most Jacksonville families start with revocable trust planning unless there’s a specific reason for an irrevocable structure.
Some trusts can be completed quickly, but timing depends on:
Schnauss Naugle Law can typically guide you through the process efficiently and help you avoid delays.
To start, you should gather:
Then schedule a consultation with Schnauss Naugle Law to build a plan customized for your family.
If you’re ready to protect your family and create a plan that’s clear, private, and easier to manage, Schnauss Naugle Law can help you explore whether a revocable living trust is the right tool for your estate plan.
Call today to speak with a Jacksonville estate planning attorney about revocable living trusts, wills, and probate avoidance strategies.
