At least a couple of times a week, I get phone calls from potential clients; asking about living trusts, revocable trusts, and avoiding probate. Sometimes clients want me to review an existing revocable trust, sometimes they want me to draft a new living trust.
Nearly always, the reason that they want, or have a revocable trust is to “avoid probate”.
The fact is, that in Florida, revocable trusts or living trusts generally do not avoid probate; in fact, the existence of a trust can actually trigger a probate.
I go into much more detail on my website; if you follow this link back to my website it fully explains the ‘why’.
Why living trusts don’t avoid probate in Florida
Don’t let your neighbor, financial planner, stockbroker or banker tell you that you need a revocable living trust to avoid probate in Florida; there are a number of ways of avoiding probate in Florida but a living trust is not one of the ways to do it.