Living Trust v. Will - Which is Better for Florida Families?

A question I get all the time is: “Do I really need a living trust… or is a will enough?” The short answer is — it depends. But for many Florida families, a living trust is the better option.

Let me explain the difference, and why it matters.

A Last Will and Testament is a legal document that says who should get your assets after you pass away. Sounds simple enough. But here’s the catch — your will must go through probate, which is a court-supervised process that takes time, costs money, and opens your private affairs to the public. In Florida, probate often lasts 6 months to over a year, and involves court filings, attorney’s fees, and frustrated family members.

A living trust, on the other hand, allows your family to skip that mess. It’s a private document that takes effect while you’re still alive and continues after you pass. You place your assets into the trust (this is called “funding”), and when you pass away, the person you chose as your successor trustee can distribute everything according to your instructions — without court involvement.

Here’s the bottom line:

A will = court involvement (probate)

A trust = no court, no probate

A will kicks in at death

A trust works now and after you’re gone

A will offers basic control

A trust offers more flexibility and protection

Wills still have their place. But if you own real estate, have a blended family, minor children, or simply want to keep things simple and private for your loved ones, a living trust is usually the way to go.

If you’re unsure what’s best for your family, let’s talk through it. I’d be glad to help you understand your options and put a plan in place that works for you. You can reach me at (813) 244-7758 or Ross@RossSpanoLaw.com.

Cheers,

Ross Spano