Will and Trust Attorney Sarasota

Establishing a well-crafted will and setting up trusts are some of the most important steps Sarasota families and individuals can take to protect their assets and provide for their loved ones. Without these essential documents, disputes over property, guardianship, or financial matters can lead to unnecessary stress and confusion for family members. With Luhrsen Goldberg and our trusted will and trust attorneys in Sarasota, our clients can expect to receive personalized guidance while creating legally binding documents that reflect their unique circumstances and goals.

Whether ensuring a smooth transfer of assets through a trust, naming guardians for minor children, or avoiding the challenges of probate, working with an experienced Sarasota estate planning attorney can make all the difference. Contact our office to schedule a confidential consultation today.

Wills and trusts are essential tools in life and estate planning in Florida that serve to protect assets, honor personal wishes, and provide for loved ones. While both documents help ensure that an individual’s legacy is preserved, they work in distinct ways to address different aspects of estate management.

A will, or last will and testament, is a legal document that outlines how an individual’s assets will be distributed after their passing. It allows the creator, or testator, to name beneficiaries, designate guardians for minor children, and appoint a personal representative to manage the estate. In Florida, wills must comply with Florida Statute § 732.502, which requires the document to be written, signed by the testator, and witnessed by at least two individuals in the testator’s presence.

A trust, on the other hand, is a legal arrangement that allows an individual, known as the grantor, to transfer assets to a trustee, who manages them on behalf of beneficiaries. Trusts offer several advantages, including probate avoidance, privacy, and greater control over how and when assets are distributed under Florida estate laws.

While wills and trusts are both essential components of an effective estate plan, they serve distinct purposes and offer unique benefits. Understanding the differences between these two tools can help families in Sarasota make informed decisions about how to protect their assets and provide for their loved ones.

A will outlines how a person’s property and assets should be distributed after their passing. It allows the testator to name beneficiaries, designate guardians for minor children, and appoint a personal representative to oversee the estate. However, assets subject to distribution through a will must typically go through probate, a court-supervised process governed by Florida law, which can take time and make the estate a matter of public record.

Trusts are more flexible than wills and provide both lifetime and post-death benefits. A revocable trust, for instance, allows the grantor to amend the trust’s terms and manage assets subject to the trust’s terms during their lifetime. This allows for a smoother and private transfer to beneficiaries upon death. Unlike wills, assets held in a trust typically avoid probate, which makes the distribution process faster and more private.

While some individuals may choose to rely solely on one tool, many benefit from integrating both wills and trusts into their estate plan. For example, a trust can manage and distribute significant assets, while a will can act as a pour-over or “catch-all” for any property not included in the trust and subject to probate administration.

Trusts are versatile tools that provide individuals and families with a variety of options to protect their assets, reduce tax liabilities, and provide for loved ones. Depending on specific needs and goals, Sarasota families can choose from several types of trusts, each offering unique benefits and applications. Some of the most common types of trusts our clients take advantage of include:

Revocable trusts – These trusts, also known as living trusts, allow the grantor to maintain control of their assets during their lifetime. They can be modified or revoked at any time, providing flexibility as circumstances change. Upon the grantor’s death, assets in the trust are distributed to beneficiaries without going through probate, which gives families more privacy during these difficult times.
Irrevocable trusts – Unlike revocable trusts, irrevocable trusts cannot be easily altered or revoked once created. This type of trust may provide asset protection and tax benefits, making it ideal for individuals looking to reduce estate taxes or potentially shield assets from creditors or nursing home costs.
Special needs trusts – Designed to support beneficiaries with disabilities, special needs trusts ensure that loved ones receive financial assistance without jeopardizing their eligibility for government benefits. This type of trust can provide long-term security and peace of mind for families.
Charitable trusts – Charitable trusts allow assets to be donated to a cause while also reducing tax obligations. These trusts can be structured to provide income to the grantor or beneficiaries before the remaining assets are given to the chosen charity.

A respected will and trust attorney in Sarasota with Luhrsen Goldberg can provide clients with the personalized advice they need to select the best type of trust for their unique circumstances. By including trusts as part of a comprehensive estate planning strategy, families can protect their assets, support their loved ones, and reach their long-term goals.

To ensure a will or trust is valid and enforceable in Florida, specific legal requirements must be met. Adhering to these requirements protects assets and ensures that an individual’s wishes are honored without unnecessary legal challenges. Sarasota families can rely on experienced legal counsel to guide them through this process and create documents that comply with Florida law.

Under Florida Statute § 732.502, a valid will must meet the following criteria:

The document must be in writing.
The individual creating the will (testator) must sign the document at the end.
At least two witnesses must sign the will in the presence of the testator and each other.

Failing to meet these requirements can result in the will being declared invalid, leading to the distribution of the estate under Florida’s intestacy laws.

Trusts are governed by Florida Statute § 736.0401, which outlines the requirements for their creation and administration. A trust must include:

A clear declaration of intent to create the trust.
Identification of the trust’s purpose, beneficiaries, and assets.
A properly designated trustee to manage the trust’s assets.

It is equally important to fund the trust correctly by transferring assets into it. Without proper funding, the trust cannot effectively serve its purpose.

Creating legally sound wills and trusts is a complex process that requires careful attention to detail and an understanding of Florida law. While some individuals may attempt to draft these documents without professional help, working with an experienced will and trust attorney in Sarasota provides countless benefits.

Mistakes in drafting or executing wills and trusts can lead to their invalidation or disputes during probate. We can help to ensure our clients’ estates remain in compliance with laws surrounding wills and trusts, which should prevent unnecessary legal complications.

Every family has unique circumstances, whether involving blended families, minor children, or charitable giving. Our team tailors estate planning documents to reflect these needs.

Clear and legally enforceable documents reduce the likelihood of disputes among heirs and beneficiaries. By addressing potential issues in advance, a Sarasota will and trust attorney from our firm can help families avoid the emotional and financial toll of legal battles.

The probate process in Florida ensures that a decedent’s assets are distributed according to their will or, in the absence of a will, Florida’s intestacy laws. While probate serves an important legal function, it can be time-consuming and emotionally challenging for families. Trusts, on the other hand, often allow for asset distribution without the need for probate, offering a more private and efficient process.

Probate involves several steps, including:

Validating the will (in testate estates)
Marshalling estate assets
Notifying creditors
Paying debts
Distributing remaining assets to beneficiaries

Under Florida Statute § 733.2121, personal representatives must notify creditors of the estate, allowing them to file claims within a specified time. This process, while necessary, can delay the distribution of assets and make the estate a matter of public record.

Assets held in a trust generally bypass the probate process, which allows for faster and more private distribution to beneficiaries. The laws on trusts outline the requirements for their creation and administration. By transferring assets into a trust, individuals can reduce the legal and financial burdens associated with probate while maintaining greater control over how their assets are distributed.

A top-rated will and trust attorney in Sarasota from Luhrsen Goldberg provides clients with comprehensive support for both probate and trust administration. Whether guiding families through the probate process or ensuring a trust is properly managed and funded, we provide highly experienced legal counsel to ease the burden on loved ones. Sarasota families can rely on us to protect their interests and streamline the administration of estates.

A comprehensive estate plan goes beyond wills and trusts to include additional tools that address financial, medical, and tax-related considerations. By combining these elements, Sarasota families can create a well-rounded strategy that provides long-term security and peace of mind for their loved ones. Some key estate planning tools to consider include:

These documents, as described by Florida Statute § 765.302, outline an individual’s medical preferences in the event of incapacitation. Living wills and healthcare surrogates ensure medical decisions align with the individual’s wishes, which reduces stress for family members during these critical moments.

A durable power of attorney allows a trusted individual to manage financial or legal affairs if the principal becomes unable to do so. Under Florida Statute § 709.2104, powers of attorney can be customized to handle specific responsibilities, such as managing investments, paying bills, or overseeing property transactions.

Planning for future healthcare needs, such as assisted living or nursing home care, protects assets and ensures quality care without financial strain. Incorporating long-term care planning into an estate plan helps families prepare for these challenges while preserving their financial legacy.

Life is full of changes, and estate plans should evolve to reflect those changes. Regularly reviewing and updating wills and trusts ensures that they remain accurate, legally valid, and aligned with an individual’s current circumstances. Sarasota families can benefit from proactive updates to their estate plans to address life events, legal changes, and shifting goals.

Major milestones often require revisions to estate planning documents. Events such as marriage, divorce, remarriage, or the birth or adoption of children are critical times to update wills and trusts. Additionally, significant financial changes, such as purchasing property or starting a business, should also prompt a review of estate plans.
Florida’s estate planning laws may change over time, which can impact the validity or effectiveness of existing documents. Regular updates ensure compliance with the latest legal requirements, including those outlined in Florida Statute § 732.506 for wills.
Even without major life changes, it is wise to review wills and trusts every three to five years. This way, all documents still align with the individual’s wishes and account for any changes in family dynamics or financial circumstances.

Comprehensive estate planning, including properly drafted wills and trusts, is essential for protecting assets and ensuring that an individual’s wishes are honored. Without these critical documents, families may face unnecessary legal challenges, disputes, and uncertainty during an already difficult time.

Individuals interested in creating or updating their wills and trusts can reach out to a reputable Sarasota will and trust lawyer at Luhrsen Goldberg to schedule a confidential consultation. Contact our firm through our convenient contact form or call our office directly to get started as soon as today.