Legal Question in Wills and Trusts in Florida

Re: A living trust

A trust does not go to probate. Wills only go through probate when there are assets which did not avoid probate. Assets avoid probate in one of three ways: jointly owned with a right of survivorship, specific designation on the asset of a beneficiary, or ownership by a living trust. Assets which are titled in the trust do not go through probate. That means once you have set up a trust, you must transfer the assets into the trust (we call that "funding" the trust). For example, real estate is deeded into the trust and accounts are retitled into the trust name. Again, the key to avoiding probate is how the assets are owned or titled.

Re: A living trust

If your goal is simply the transfer of your home to your children upon your death, you should discuss an enhanced life estate deed, sometimes called a ladybird deed, with your attorney.