St. Augustine's Largest Law Firm
Trusts & Estates Attorneys
At St. Johns Law Group, we understand that planning for your future—and the future of your loved ones—requires thoughtful consideration, sound legal guidance, and strategic tools. One of the most effective legal tools available for estate planning, asset protection, and legacy management is the trust.
High Wealth – We Have Drafted Trust Documents for Estates Measuring in the $100’s of Millions.
Trusts provide families with control, privacy, flexibility, and peace of mind. Whether your goal is to protect your estate from probate, provide for a special-needs family member, reduce estate taxes, or support a charitable cause, our experienced attorneys in St. Augustine, Palm Coast, and Ponte Vedra are here to guide you every step of the way.
📘 What Is a Trust?
A trust is a fiduciary arrangement that allows a third party, known as a trustee, to hold and manage assets on behalf of a beneficiary or beneficiaries. The person who creates the trust is known as the grantor or settlor. Trusts can be used for many purposes and are tailored to suit the individual goals of the grantor.
Key Benefits of Trusts:
Avoid Probate: Trusts can transfer property to beneficiaries without court intervention.
Privacy: Unlike wills, trusts are not public records.
Control: Trusts allow you to set specific terms for how and when your assets are distributed.
Asset Protection: Certain trusts can shield your assets from creditors or lawsuits.
Special Needs Planning: Trusts can provide for loved ones with disabilities without affecting eligibility for government benefits.
Tax Planning: Reduce or eliminate estate and gift taxes.
Ongoing Management: Ideal for minor children or beneficiaries who need guidance or restrictions on inheritance.
🔍 What Happens If There Is a Revocable Trust?
A revocable trust—also known as a living trust—is one of the most commonly used tools in estate planning. It allows the grantor to retain control of the trust and its assets during their lifetime and make changes as needed.
Upon the death of the grantor, the trust becomes irrevocable, and the trustee assumes control over asset management and distribution, much like a personal representative in probate.
Trustee Responsibilities:
Notice of Trust Filing: The trustee is legally required to file a Notice of Trust with the local county clerk. This informs creditors of the decedent’s death and the existence of trust assets.
Debt & Tax Obligations: The trustee must use trust assets to pay off valid debts, administrative expenses, and estate taxes, if applicable.
Asset Management & Distribution: The trustee is responsible for locating and managing trust assets, communicating with beneficiaries, and distributing assets according to the trust’s terms.
Timelines: If a probate is not filed, the trust remains open to creditor claims for two years after death—longer than the three-month claim period in formal probate.
Important Note:
Even though a revocable trust can help avoid probate, it does not automatically eliminate responsibilities like:
Filing tax returns
Inventorying and appraising assets
Notifying beneficiaries and creditors
Keeping detailed records and providing accountings
Many families benefit from legal guidance during this process to ensure everything is handled properly and in compliance with Florida law.
⚖️ Types of Trusts We Handle
At St. Johns Law Group, we assist with a wide variety of trusts, each tailored to the needs of the individual or family:
✳️ Revocable Living Trust
The most common trust type, allowing for management of your assets during life and smooth transition to beneficiaries upon death.
🔒 Irrevocable Trust
Once established, the terms cannot be changed. Provides strong asset protection and potential estate tax benefits.
👶 Testamentary Trust
Created by a will and only takes effect after death. Common for minor children or when staggered distributions are desired.
🧩 Special Needs Trust
Designed to provide for individuals with disabilities while preserving eligibility for public benefits such as Medicaid and SSI.
❤️ Charitable Trust
Enables you to support charitable organizations, reduce taxes, and sometimes generate lifetime income.
🛡️ Asset Protection Trust
Helps shield wealth from creditors, lawsuits, or divorce settlements. Often used by business owners or high-net-worth individuals.
📜 Life Insurance Trust (ILIT)
Holds life insurance policies outside of your taxable estate to maximize benefits and avoid probate delays.
🐾 Pet Trust
Ensure your beloved pets are cared for with detailed instructions and funding for their lifetime needs.
🧠 Frequently Asked Questions About Trusts
Q: Do I still need a will if I have a trust?
A: Yes. A will is still essential to “pour over” any remaining assets not titled in the trust and to name guardians for minor children.
Q: How do I fund a trust?
A: Funding involves transferring ownership of your assets (like real estate, bank accounts, or investments) into the trust. If this step is skipped, the trust may be ineffective.
Q: Can a trust help avoid estate taxes?
A: Certain types of trusts (like irrevocable trusts) can reduce or eliminate estate tax liability, depending on your financial situation and the applicable exemption limits.
Q: Can I be my own trustee?
A: Yes. In revocable living trusts, many people name themselves as trustee and appoint a successor to step in upon incapacity or death.
Q: Can trusts be challenged?
A: While more difficult than contesting a will, trusts can be challenged on grounds such as undue influence, lack of capacity, or improper execution. Clear language and proper drafting help minimize this risk.
📝 Why Choose St. Johns Law Group for Your Trust Needs?
Decades of Experience: We have deep knowledge of Florida trust law and probate procedures.
Custom Solutions: Every trust we draft is tailored to the specific goals and assets of the client.
Trust Administration Guidance: We support both trustees and beneficiaries through complex administration processes.
Integrated Estate Planning: We ensure that your trust works in harmony with your will, powers of attorney, health directives, and other key documents.
Ongoing Counsel: Life changes—and so should your estate plan. We’re here to update your trust as your family or finances evolve.
📬 Ready to Protect Your Legacy?
Let us help you build a plan that protects your wealth, honors your wishes, and gives peace of mind to your loved ones. Whether you’re just starting your estate plan or need help managing a trust, St. Johns Law Group is here for you.
Contact Us:
- 104 Sea Grove Main Street | St. Augustine, Florida 32080