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Wills and Trusts in Florida

Plan Today to Protect Tomorrow

If you want to make sure your loved ones are protected and your wishes are followed, a will or trust can help. Whether you’re planning for your family, your assets, or your peace of mind, Wills and Trusts are tools that can put your intentions into action.

At Kulas Crawford & Smith, we help Florida families create clear, effective documents that reflect their values and goals. We work with you to help ensure your plan fits your unique situation—whether simple or more detailed.

To learn more about how to begin the process, check out Why Florida Families Shouldn’t Delay Their Will or Trust Planning.


Why Wills and Trusts Matter

If you don’t have a will or trust, Florida law decides who receives your property. This process, known as intestate succession, may not reflect your actual wishes.

Creating a valid will or trust gives you control. You decide:

  • Who receives your property
  • Who manages your estate
  • Who will care for minor children
  • How to protect your loved ones from conflict or court costs

Without clear direction, your family may face delays, confusion, or disagreements.


What Is a Will?

A will is a legal document that explains how you want your assets distributed after your death. It can also name a guardian for your minor children and an executor (called a personal representative in Florida).

Florida law has specific requirements for a valid will. It must be signed in front of two witnesses and meet other legal standards. If the document does not follow these rules, it may be challenged or declared invalid.

You can read about Florida’s rules for wills under Florida Statute 732.502.


What Is a Trust?

A trust is a legal arrangement where one person (the trustee) holds and manages property for the benefit of another (the beneficiary). You can create a trust during your lifetime or through your will.

According to Investopedia, trusts are commonly used to avoid probate, reduce taxes, or manage long-term care planning.

There are many types of trusts, including:

  • Revocable Living Trusts
  • Irrevocable Trusts
  • Special Needs Trusts
  • Pet Trusts
  • Charitable Trusts

Each trust serves a different purpose. At Kulas Crawford & Smith, we’ll help you choose the right one based on your goals.


Wills vs. Trusts: What’s the Difference?

Here’s a basic comparison:

FeatureWillTrust
Goes through probateYesUsually not
EffectiveAfter deathDuring life and after
Can name guardiansYesNo
PrivateNo (public record)Yes (private)
Manages assets long-termNoYes

Some families use both. For example, a will can handle minor children while a trust manages money or real estate.


Planning for Minor Children

If you have children under age 18, a will allows you to name a guardian. This ensures someone you trust will care for them if you can’t.

You can also use a trust to manage their inheritance until they are old enough to handle it. Without this step, a court may take over the process, often adding time and expense.

Learn more about this topic in Why Every Florida Parent Needs a Will and Trust.


Updating Your Documents Over Time

Life changes. So should your estate plan.

You should update your will or trust if you:

  • Get married or divorced
  • Have a child or grandchild
  • Move to Florida
  • Buy or sell property
  • Experience a major health change
  • Want to change beneficiaries or trustees

Florida does not recognize handwritten (holographic) wills that are not properly witnessed. It’s important to work with a professional who understands state law.


Need to update your will or trust?

Contact Kulas Crawford & Smith to review your plan. Call (772) 398-0720 for Port St. Lucie.


What Happens If You Don’t Plan?

If you die without a will or trust, your estate goes through probate. This court process can take months or even years. It often adds unnecessary legal fees and stress for your loved ones.

Florida’s probate rules follow a strict line of succession. Your spouse, children, or even distant relatives may inherit your property, even if that’s not what you intended.

Planning ahead avoids confusion and gives your family guidance when they need it most.


Special Situations That May Require a Trust

Some families benefit from using a trust to address unique needs, such as:

  • Blended families – Keep children from a previous relationship protected
  • Special needs planning – Avoid losing government benefits
  • Business ownership – Provide for smooth succession
  • Out-of-state property – Avoid multiple probates
  • Privacy concerns – Keep details of your estate confidential

A trust can add flexibility and control for families in Florida who want to go beyond the basics.


Still deciding between a will and a trust?

Read When a Florida Trust May Be Better Than a Will for helpful examples and guidance.


Let Kulas Crawford & Smith Help You Take the Next Step

At Kulas Crawford & Smith, we work with Florida families of all backgrounds. Whether you’re just starting or updating your plan, we’ll help you make informed decisions with care and clarity.

We know that creating a will or trust is more than paperwork—it’s about your people, your goals, and your peace of mind.


Ready to Protect What Matters Most?

Take the next step today. Contact Kulas Crawford & Smith online or call (772) 398-0720 for Port St. Lucie. Let’s build a plan that works for you and your family.


Serving Florida’s Treasure Coast

Kulas Crawford & Smith proudly serves individuals and families throughout Florida, including Port St. Lucie, Vero Beach, and the surrounding top communities across the Treasure Coast.

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