Middleton & MiddletonCounsellors at Law · Est. 1923

Practice area

Trusts

A trust lets you decide how and when your property is managed and passed on, often without probate and with privacy a will cannot offer.

Trust services

  • Revocable living trusts with pour-over wills
  • Trusts for minor children and young adults
  • Special needs trusts that preserve public benefits
  • Trusts for second marriages and blended families
  • Land trusts and trusts holding real estate
  • Trust funding: retitling accounts and deeding property into the trust
  • Representing trustees in administration and accountings
  • Trust disputes and removal of trustees

Is a trust right for you?

A trust is not for everyone, and a trust that is never funded accomplishes nothing. We look at what you own, who you want to provide for, and what you want to avoid, then tell you plainly whether a trust earns its cost in your situation. When it does, we draft it, fund it and give you a plan your successor trustee can actually follow.

Common questions

What is the difference between a will and a living trust?

A will takes effect at death and goes through probate. A revocable living trust takes effect when you sign it, can hold your property during your life, and lets a successor trustee manage or distribute it at your incapacity or death without a court proceeding.

Can I change my trust?

A revocable trust can be amended or revoked at any time while you are competent. Irrevocable trusts generally cannot, which is why they are used only for specific purposes such as asset protection or benefits planning.

I am the trustee of a relative's trust. What are my duties?

A trustee must follow the trust document, keep beneficiaries reasonably informed, keep accurate records, invest prudently and avoid self-dealing. Florida's Trust Code sets specific notice and accounting requirements; we help trustees meet them.

This page is general information about Florida law, not legal advice about your situation. Deadlines and procedures vary and change; talk to an attorney about yours.

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