Living Trusts and Estate Planning

Frequently Asked Questions

What's so bad about probate?

There are many reasons that people seek to avoid probate. Probate is expensive. Probate delays providing your assets to your heirs. Probate is public. Probate does nothing for someone who is incapacitated. You and your family lose control of assets during probate. And probate is a cumbersome process that can be avoided with proper planning.

Why would the court need to get involved if I have a will?

It is a common misconception that if someone has a will, then the court will not need to be involved. This could not be farther from the truth. Having a will, is better than not having a will -- BUT you will not avoid probate by simply having a will. Probate court and the probate process exists to disburse the decedents property AND interpret the will (if any).

How Does a Living Trust Allow Me To Avoid Probate?

A Living Trust is in effect while you are alive. A will only takes effect upon death. When you transfer your assets into a Living Trust, think of it like transferring assets from one pocket to another. When your Living Trust owns your assets, instead of you personally, your death does not affect the trust. A trust is a legal entity like a corporation, it can live on forever. When you create a Living Trust you would usually name yourself as Trustee; and name someone to take your place as your Successor Trustee -- to step into your shoes.

I added my son and daughter in law to the deed of my house after my wife passed away. Was that a bad idea?

Many people make the mistake that you did. There could be tax repercussions for your son and daughter-in-law. Your son and daughter-in-law could divorce, and then who gets the house? There are other even more compelling reasons not to do this. However, one of the most important points is that, although it may seem like a good idea at the time, adding an adult child's name to your property, really only postpones probate, it does not avoid it. Eventually, your son and daughter-in-law would need to make arrangements to pass the property on to their children.

We provide document preparation for Living Trusts:

We provide document preparation for Living Trusts and other Estate Planning documents. Please visit our Living Trust Document Preparation page, and our Living Trust Information page. We prepare Living Trust documents in-house. However, we recognize that consumers prefer a face to face meeting to initiate their Living Trust and Estate Planning Documents. We are adding members throughout Florida who have been trained in our Living Trust and Estate Planning system. Please check back soon, if we do not list someone in your area:

Coming Soon!

We will be adding a list of member document preparers who are participating in our FALDP Living Trust and Estate Planning System. Each member listed has completed our online training course, attended at least one of our Living Trust and Estate Planning Webinars, and has agreed to follow our System Guidelines.

Living Trust & Health Document Info

Please note that all fields followed by an asterisk must be filled in.
First Name*
Last Name*
E-Mail Address*
Zip/Postal Code*
Home Phone
Business Phone
Are you ...*
Legal Document Preparer?
How would you like to be contacted?
Your question:

Please enter the word that you see below.



Have a question about the forms or how to file them? Do you need assistance? We can help. Call

Document PreparationServices

Are you a Florida Legal Document Preparer? Learn how you can become part of Florida's thriving legal document preparers community.Call 800-515-0496 or 941-237-0951

Join Today

Search For a Legal Document Preparer By County
FALDP Directory
Alachua County
Baker County
Bay County
Bradford County
Brevard County
Broward County
Calhoun County
Charlotte County
Citrus County
Clay County
Collier County
Columbia County
Miami-Dade County
De Soto County
Dixie County
Duval County
Escambia County
Flagler County
Franklin County
Gadsden County
Gilchrist County
Glades County
Gulf County
Hamilton County
Hardee County
Hendry County
Hernando County
Highlands County
Hillsborough County
Holmes County
Indian River County
Jackson County
Jefferson County
Lake County
Lee County
Leon County
Levy County
Liberty County
Madison County
Manatee County
Marion County
Martin County
Monroe County
Nassau County
Okaloosa County
Okeechobee County
Orange County
Osceloa County
Palm Beach County
Pasco County
Pinellas County
Polk County
Putnam County
St. Johns County
St. Lucie County
Santa Rosa County
Sarasota County
Seminole County
Sumter County
Suwannee County
Taylor County
Union County
Volusia County
Wakulla County
Walton County
Washington County

Work From Home

Work From Home With SBI!

Visit Our Book Store

Current Self Help Titles

Modifying Child Support

Family Adoptions

Family Adoptions - Second Edition 2011

You've Been Sued!