Revocable Living Trust vs. Will: Which Does Florida Law Require You to Have?

One of the most common questions our Pompano Beach estate planning clients ask is: 'Do I need a trust or a will?' The honest answer is that most Floridians benefit from having both — but understanding the difference helps you make the right decision for your family's unique situation.

What a Last Will and Testament Does in Florida

A will is a legal document that states how you want your assets distributed after death. It names your beneficiaries, designates a personal representative (executor), and can name a guardian for minor children. However, a will must pass through Florida probate — a court process that can take months, cost thousands of dollars, and become public record.

What a Revocable Living Trust Does Differently

A revocable living trust holds your assets during your lifetime and distributes them after death — completely outside of probate. You remain in full control as the trustee, can change or revoke the trust at any time, and your estate settles privately, quickly, and with far less expense. For Florida residents with real property, investments, or complex family situations, a trust is often the superior choice.

When a Will Alone Is Sufficient

If your estate is modest, your assets primarily consist of retirement accounts or life insurance (which pass by beneficiary designation), and you have no real estate titled in your name alone, a will may be adequate. A 'pour-over will' is often used alongside a trust to capture any assets accidentally left outside the trust.

The Bechert & Associates Approach to Estate Planning

At Bechert & Associates, P.A., we take the time to understand your complete financial picture, family dynamics, and long-term goals before recommending a plan. Whether you need a comprehensive trust package or a straightforward will, our Pompano Beach estate planning attorneys will craft a legally sound strategy designed to protect what you've built. Contact us today.