Florida Trusts: Living Trusts, Land Trusts and Special Needs Trusts
Written by Jose M. Lorenzo, Jr., Florida probate attorney · Updated August 2026
A trust is a set of instructions attached to property, and a person obligated to follow them. That is the whole concept. Everything else — the varieties, the tax treatment, the names — follows from what the instructions are meant to accomplish.
Florida trusts: the short answers
| Does a living trust avoid probate? | Yes, for the assets actually transferred into it. A Florida living trust takes effect once it is signed and funded — and funding is the step families skip. |
| What is the most common trust failure? | A trust that was drafted but never funded. A trust with nothing in it does nothing at all, and the assets go through probate exactly as if the trust had never been signed. |
| What is a Florida land trust? | A structure governed by Florida Statute 689.071 that holds real property while keeping the owner’s name off the public record. |
| Does a trust protect a disabled beneficiary’s benefits? | A properly drafted special needs trust supports the beneficiary without displacing the means-tested benefits they rely on. An ordinary inheritance can disqualify them. |
Does a living trust avoid probate in Florida?
Yes — but only for the assets actually transferred into it. A Florida living trust takes effect immediately once it is signed and funded. The signing is the part everyone remembers; the funding is the part that gets forgotten, and an unfunded trust provides no probate avoidance whatsoever.
A revocable living trust also keeps the details private, which a will filed with the court does not.
Full guides: Living Trust in Florida · Fideicomiso Revocable en Vida en Florida (en español)
What is a Florida land trust?
A Florida land trust, governed specifically by Florida Statute 689.071, holds real property so the beneficial owner’s name stays off the public record. It is used by real estate investors, homeowners and business owners who want privacy and a measure of protection on titled property.
Full guide: Florida Land Trust
What is a special needs trust, and why does it matter?
A special needs trust lets a family provide for a disabled beneficiary without displacing the means-tested benefits that beneficiary depends on. Leaving the same money outright — in a will, or through a beneficiary designation — can disqualify them from those benefits entirely. This is the area where a drafting error does the most damage.
Full guides: Florida Special Needs Trust · Third-Party Special Needs Trust · Pooled Special Needs Trusts · Funding & Management · Distributions to Special Needs Family Members
Revocable or irrevocable?
A revocable trust can be changed or undone at any time; an irrevocable trust generally cannot, which is precisely what gives it asset-protection and tax advantages a revocable trust does not have. The trade is control for protection.
Full guides: Florida Irrevocable Trust · What Is a Dynasty Trust? — built to outlast everyone who set it up
What if a trustee is not doing their job?
Florida law lets beneficiaries force an accounting, and in the right circumstances suspend or remove a trustee — sometimes before trial. Self-dealing, refusal to account, and failure to distribute are the usual triggers.
Full guides: Florida Trustee Removal · Trust Litigation Attorney · Selecting Trustees Under Florida Trust Law · Florida Estate Disputes Guide
Every Florida trusts guide
- Living Trust in Florida
- Florida Land Trust
- What Is a Dynasty Trust?
- Florida Irrevocable Trust
- Selecting Trustees Under Florida Trust Law
- Florida Special Needs Trust
- Third-Party Special Needs Trust
- Pooled Special Needs Trusts
- Special Needs Trust Funding & Management
- Distributions to Special Needs Family Members
- Florida Trustee Removal
- Fideicomiso en Vida en Florida — en español
Related: Florida Estate Planning Guide · Florida Probate Guide · Lady Bird Deed vs. Living Trust
Have a trust that was never funded?
It is more common than you would think, and it is fixable — usually far more easily before the settlor dies than after. Call (305) 224-6811 or ask us to review it.