Winter Park Living Trust Lawyer
A properly funded living trust can keep your family out of probate court and your private financial affairs out of public record. By coordinating a trust with other estate planning tools, you protect your legacy and the inheritances you leave to your loved ones.
Our Winter Park, FL living trust lawyer has drafted trusts for Central Florida families for over two decades. We approach every trust as part of a complete estate plan rather than a standalone document. That means coordinating it with powers of attorney, healthcare advance directives, and the titling of assets that determines whether the trust is effective.
Contact our Winter Park office to schedule a free initial consultation and talk through how a living trust could help strengthen your estate plan.
Why Choose Hirani Law for Living Trusts in Winter Park, FL?
Two Attorneys With Estate Planning and Tax Backgrounds
Meena Hirani has practiced Florida law since 1998 and was named a Super Lawyer in 2021, 2022, and 2023. Her background includes a J.D. from Stetson College of Law, an MBA with High Honors from Rollins College’s Crummer Graduate School of Business, and a Masters in Comparative Law from the University of San Diego. She’s a past president of both the Central Florida Association for Women Lawyers and the Legal Aid Society of the Orange County Bar Association.
Arti Hirani is dual-licensed in Florida and New York. She holds an LL.M. in International Taxation from the University of Florida Levin College of Law, an MBA from the University of Chicago Booth School of Business, and a J.D. from Barry University School of Law.
Living Trusts Drafted as Part of a Complete Estate Plan
A living trust works best as the centerpiece of a plan that includes a pour-over will, durable power of attorney, and healthcare advance directives. Our estate planning lawyer in Winter Park, FL drafts these documents together rather than in isolation, so the trust holds what it’s meant to hold and the supporting documents cover what the trust can’t. We also handle trusts for business owners where a closely held company interest needs to coordinate with a buy-sell or operating agreement, and for clients whose plans involve out-of-state real estate that requires careful titling to avoid ancillary probate.
Local Practice Serving Winter Park and Central Florida
Our office is based in Winter Park and serves clients throughout Orange County, including Winter Park, Orlando, Maitland, and the surrounding communities. Florida’s probate process, homestead rules, and Trust Code framework affect how every trust is drafted and administered, and we work through those local particulars for every plan.
Client Feedback That Speaks to the Work
★★★★★ “Meena and her staff provided excellent advice and assistance for the closing on our home.” Nancy D
Read more reviews on our Google Business Profile.
Types of Living Trust Cases We Handle in Winter Park
A living trust is one category of trust among several, and the right choice depends on what the client is trying to accomplish. These are the main kinds of living trust matters we handle for Winter Park clients.
- Revocable living trusts. The standard document for most estate planning clients. The settlor creates the trust during life, transfers assets into it, typically serves as the initial trustee, and keeps the right to amend or revoke until death or incapacity.
- Irrevocable living trusts. A different tool for a different purpose. Often used for creditor protection, Medicaid planning, or specific tax strategies. The settlor gives up the right to revoke or amend, so these trusts require more careful planning before signing.
- Pour-over wills. A pour-over will is a companion document that directs any assets not already in the trust at death to pour into the trust through probate. Every trust-based plan should include one.
- Trust funding and retitling. Moving assets into the trust is the step that’s most often skipped or done only partially. A trust that doesn’t actually own the assets it’s supposed to hold doesn’t accomplish what it was drafted to do.
- Trust amendments and restatements. Most revocable trusts can be amended by the settlor during life. Significant changes often call for a full restatement rather than a stack of amendments that become hard to follow.
- Trust administration. We advise successor trustees on their statutory duties, the transition of control, beneficiary communications, tax filings, and the distribution process under the trust’s terms.
Florida Legal Requirements for Living Trusts
Living trusts in Florida are governed by the Florida Trust Code at Chapter 736, along with provisions of Chapter 732 that affect pour-over wills and homestead property.
Trust creation requirements. A valid trust under Fla. Stat. § 736.0402 requires a settlor with capacity, a clear indication of intent to create the trust, a definite beneficiary (with exceptions for charitable and certain other trusts), a trustee with actual duties to perform, and separation of roles so the same person isn’t the sole trustee and sole beneficiary of the same trust.
Revocability presumption. Florida’s default rule is the opposite of what many clients assume. Under Fla. Stat. § 736.0602, a trust is revocable unless its terms expressly provide otherwise. Clients who want an irrevocable trust have to say so clearly in the trust instrument.
Pour-over will execution. A pour-over will has to meet Florida’s execution requirements under Fla. Stat. § 732.502: in writing, signed by the testator in the presence of two attesting witnesses, and signed by those witnesses in the presence of the testator and each other.
Homestead devise restrictions. Florida’s constitution and Fla. Stat. § 732.4015 limits how homestead property can be devised when a surviving spouse or minor child exists. A living trust that holds a homestead has to be drafted around these restrictions, or the homestead device may be invalid.
Trustee duties. Fla. Stat. § 736.0813 requires a trustee to keep qualified beneficiaries reasonably informed about the trust and its administration. A trustee who doesn’t account properly may be subject to surcharge.
Important Aspects of a Winter Park Living Trust
The document is only useful if it actually works when the trustee needs to administer it. These are the practical components we walk through with every client.
Proper Drafting Under the Florida Trust Code
A valid Florida living trust meets the statutory creation requirements, clearly identifies the beneficiaries and their interests, and grants the trustee the authority needed to act. Ambiguous language about distributions, amendment rights, or successor trustees creates problems after the settlor is gone and invites disputes the settlor would never have wanted.
Fully Funding the Trust
A trust that doesn’t own assets doesn’t do anything at death. Real estate is transferred into the trust by a new deed. Bank and brokerage accounts are retitled. Retirement accounts usually stay in the individual’s name for tax reasons, with beneficiary designations updated to coordinate with the trust. Life insurance beneficiaries get reviewed. Trust funding is frequently the difference between a plan that works and a plan that doesn’t.
Choosing the Right Successor Trustee
The successor trustee is the person who takes over at the settlor’s death or incapacity. Administration requires record-keeping, communication with beneficiaries, tax filings, and distributions. Naming a close family member is common and often works well, but it isn’t always the right choice when administration is likely to involve complexity, blended-family dynamics, or significant assets. A corporate trustee or a co-trustee structure is sometimes a better fit.
Coordinating Pour-Over Wills and Other Documents
A pour-over will captures any assets not transferred into the trust during life and directs them into the trust through probate. Durable powers of attorney and healthcare advance directives address what the trust can’t, since a trust by itself doesn’t authorize anyone to act on financial or medical matters during the settlor’s lifetime incapacity.
Homestead and Florida-Specific Issues
Florida’s homestead rules affect how a primary residence can be held in a living trust, particularly when the settlor is married or has minor children. Moving homestead into a trust requires attention to the constitutional devise restrictions and to the homestead tax exemption, which can be preserved in a properly structured revocable trust.
Periodic Review and Updates
Trusts drafted years ago may no longer match the settlor’s current assets, family, or the state of Florida law. We recommend a review every three to five years or after any major change.
Contact Hirani Law
Living trusts are most effective when drafted before they’re needed, with enough time to fund the trust properly and coordinate the supporting documents. If you’re ready to discuss a living trust, whether you’re starting from scratch or reviewing one that was signed years ago, reach out to our Winter Park office. Contact us to schedule a free initial consultation. We’ll talk through your situation and explain how a living trust would work for your family.