A Florida trust attorney designs, drafts, and funds the trust that fits your family, then keeps it working as your life and the law change. Bucelo Diaz Law helps families across all 67 Florida counties create revocable living trusts, irrevocable trusts, and the specialized structures in between, with clear flat fees quoted before any work begins. This page explains what a trust attorney actually does, which trust types we prepare, what they cost, and how to decide whether a trust belongs in your estate plan.
- A trust is only as good as its funding. Drafting the document is half the work. Retitling your home, accounts, and business interests into the trust is what actually keeps your estate out of probate, and it is the step most do-it-yourself plans miss.
- Different trusts solve different problems. A revocable living trust handles probate avoidance and incapacity planning for most families. Irrevocable structures address estate tax, asset protection, and Medicaid planning. Choosing the wrong one is expensive to undo.
- Flat fees, quoted up front. Trust-based estate plans at Bucelo Diaz Law fall within our published estate planning range of $950 to $5,000 and up, and you receive an exact flat-fee quote at a free consultation before any work begins.
- Statewide and bilingual. We prepare and sign trusts for clients in every Florida county, in English and Spanish, with in-person offices in Weston, Ocala, and Naples and secure remote signings coordinated statewide.
What a Florida Trust Attorney Does
Under the Florida Trust Code, FL Stat. Chapter 736, a trust is a legal relationship in which a trustee holds and manages property for named beneficiaries under the terms you set. A trust attorney’s job is to translate your goals into that document correctly, and then make sure it actually controls your assets. Trusts are one part of a complete plan, and our Florida estate planning lawyer page covers the full picture, from wills to health care documents. The trust work itself breaks into four stages.
Design and Drafting
We start with your family and your assets, not a template. Blended families, a child who should not inherit outright, a business, out-of-state property, or a beneficiary with special needs each change what the trust must say. The trust document names your trustees, sets distribution terms, and includes the provisions Florida law requires for the trust to be valid, including the execution formalities of FL Stat. §736.0403 for testamentary aspects of a revocable trust.
Funding the Trust
An unfunded trust is just paper. Funding means retitling assets into the trust’s name: deeding your home into the trust while preserving your homestead protections, changing account ownership or beneficiary designations, and assigning business interests. Assets left outside the trust at death generally still go through Florida probate, which is the outcome the trust was built to avoid. We prepare the deeds and funding instructions as part of the engagement, not as an afterthought.
Keeping the Plan Current
Marriages, divorces, births, deaths, moves to or from Florida, and changes in the tax law all affect a trust. Federal estate tax exemption changes in particular can turn yesterday’s correct structure into today’s missed opportunity. We review existing trusts, including trusts drafted in other states, and amend or restate them so they work under Florida law and current federal estate tax rules.
Administration After Death or Incapacity
When a grantor dies or becomes incapacitated, the successor trustee steps in with real legal duties: notifying qualified beneficiaries under FL Stat. §736.0813, gathering and valuing assets, paying valid expenses, and distributing according to the document. We guide successor trustees through each step and coordinate with probate counsel when some assets fall outside the trust. Our Florida trust administration page walks through the successor trustee’s duties and timeline in detail. When a trust disagreement turns into courtroom litigation, we help families engage experienced litigation counsel and stay involved as the planning attorneys who know the trust best.
Trusts We Prepare at Bucelo Diaz Law
Revocable Living Trust
The workhorse of Florida estate planning. You keep full control during life, the trust manages your assets if you become incapacitated, and funded assets pass to your beneficiaries without probate. This is the right starting point for most families. Learn more on our revocable living trust page.
Irrevocable Trusts
When the goal is estate tax reduction, creditor protection, or Medicaid planning, an irrevocable structure such as an ILIT, SLAT, GRAT, or Medicaid asset protection trust may fit. These involve real trade-offs, including the step-up in basis rules under IRS Rev. Rul. 2023-2. Our irrevocable trust page walks through each type.
Joint Trusts for Married Couples
Florida spouses can often simplify their plan with a single joint trust instead of two separate documents, preserving tenancy by the entireties creditor protection when structured correctly.
Spendthrift and Special Needs Trusts
A spendthrift trust protects an inheritance from a beneficiary’s creditors under FL Stat. §736.0502. A special needs trust preserves a disabled beneficiary’s eligibility for government benefits while still improving their quality of life. For minors receiving legal settlements, Florida courts may require a minor settlement protection trust, which we also prepare.
When a Trust Is Not the Answer
Honest advice sometimes points away from a trust. If your main goal is passing a single homestead to your children while keeping full ownership during life, a Florida lady bird deed may accomplish it at a fraction of the cost. Part of our job is telling you when the simpler tool wins.
How Much Does a Trust Cost in Florida?
Trust-based estate plans at Bucelo Diaz Law fall within our estate planning fee range of $950 to $5,000 and up. A straightforward revocable living trust package sits in the middle of that range and typically includes the trust, a pour-over will, a durable power of attorney, health care documents, and the deed transferring your homestead into the trust. Irrevocable structures involving tax analysis sit toward the upper end. Two things stay constant: the fee is flat, and you receive the exact number at a free 30-minute consultation before we begin. No hourly billing and no surprises.
Do You Need a Trust, or Is a Will Enough?
A will alone does not avoid probate. It tells the probate court where your property should go, but your family still goes through the court process, which takes months and becomes part of the public record. A funded living trust passes those same assets privately, usually in weeks. A will remains the simpler and less expensive choice when probate exposure is small, for example when most assets already pass by beneficiary designation or joint ownership. We compare both paths honestly at your consultation, and our Florida will attorney page explains what a will-based plan includes.
Statewide Trust Planning from Weston, Ocala, and Naples
Bucelo Diaz Law serves trust clients in all 67 Florida counties. Consultations are available in person at our Weston, Ocala, and Naples offices, or by Zoom and phone anywhere in the state, in English or Spanish. We regularly build trusts for snowbirds establishing Florida residency, out-of-state owners of Florida property, and families whose loved ones moved to Florida with a trust written under another state’s law. Remote document review, secure electronic delivery, and coordinated statewide signings mean distance does not change the quality of the plan.
Why Families Choose Bucelo Diaz Law
Founding attorney Alexis Bucelo Diaz holds a Master of Laws (LL.M.) in Estate Planning from the University of Miami School of Law, one of the nation’s leading estate planning programs, and has more than 15 years of focused experience in Florida estate and trust law. The firm is a member of WealthCounsel, the national estate planning attorney network, and practices exclusively in estate planning, probate, and real estate. Every trust is drafted and reviewed by an attorney, explained in plain English or Spanish, and priced as a flat fee you approve in advance.
Frequently Asked Questions About Hiring a Florida Trust Attorney
What does a trust attorney do?
A trust attorney designs and drafts the trust document, funds the trust by retitling assets into it, keeps the plan current as laws and family circumstances change, and guides successor trustees through administration after a death or incapacity. In Florida, trusts are governed by the Florida Trust Code, FL Stat. Chapter 736, and small drafting or funding errors can undo the benefits the trust was created for.
How much does it cost to set up a trust in Florida?
At Bucelo Diaz Law, trust-based estate plans fall within the firm’s estate planning range of $950 to $5,000 and up. A typical revocable living trust package, including the pour-over will, durable power of attorney, health care documents, and homestead deed, sits in the middle of that range. Complex irrevocable structures with tax analysis sit toward the upper end. Every engagement is a flat fee quoted at a free consultation before work begins.
Do I need an attorney to set up a trust in Florida?
Florida law does not require an attorney to create a trust. In practice, the risk is rarely the form itself: it is homestead rules, funding, and coordination. A deed that transfers a Florida homestead incorrectly can create title problems or jeopardize creditor protection, and a trust that is never funded still leaves the estate in probate. Most of the trust problems we untangle started as do-it-yourself documents that were valid on paper and wrong for the family.
Does a living trust avoid probate in Florida?
Yes, for the assets that are actually titled in the trust. Property owned by a properly funded living trust passes to beneficiaries under the trust terms without a probate proceeding. Assets left in your individual name at death generally still require probate, which is why the funding step matters as much as the document. A pour-over will acts as a safety net by directing any stray assets into the trust, but those assets still pass through probate on the way in.
Should I have a trust or just a will?
It depends on what you own and what you want your family to experience. A will is simpler and less expensive but requires probate, which is public and takes months. A funded living trust costs more up front but passes assets privately and quickly, and it manages your affairs if you become incapacitated. Families with a home in Florida, minor children, out-of-state property, or privacy concerns usually benefit from a trust. Families whose assets already pass by beneficiary designation may only need a will-based plan.
How long does it take to set up a trust?
Most revocable living trust plans at Bucelo Diaz Law are designed, drafted, reviewed with you, and signed within two to four weeks of the initial consultation. Complex irrevocable structures involving tax planning or business interests take longer because of the analysis and coordination involved. Funding continues after signing as deeds record and financial institutions process retitling paperwork.
Can you prepare my trust if I live out of state?
Yes. We regularly prepare Florida trusts for out-of-state owners of Florida property, snowbirds establishing Florida residency, and personal representatives and trustees who live elsewhere. Consultations happen by Zoom or phone, documents are delivered securely for review, and we coordinate signings anywhere in Florida or with proper formalities in your home state. Bilingual service in English and Spanish is available for every remote engagement.
I moved to Florida with a trust from another state. Is it still valid?
Generally yes. Florida recognizes trusts validly created under another state’s law, and under FL Stat. §736.0107 the law you designated in the document usually continues to govern its meaning. But valid is not the same as optimal. Florida’s homestead rules, creditor protections, and the absence of a state income tax and estate tax often justify restating the trust under Florida law after you move. A review takes one consultation and tells you whether anything needs to change.
About the Author
Alexis Bucelo Diaz, Esq., LL.M. is the founding attorney of Bucelo Diaz Law, PLLC. She holds a Master of Laws (LL.M.) in Estate Planning from the University of Miami School of Law and has more than 15 years of focused experience in Florida estate and trust law. Florida Bar #86918. Selected to Super Lawyers Rising Stars in 2025.