Trust

Trust: A trust is a legal arrangement in which one person (the "grantor" or "settlor") transfers assets to a "trustee," who holds and manages them for the benefit of named "beneficiaries" according to the trust's terms. A common type, the revocable living trust, can be changed or cancelled by the grantor during their lifetime and is often used to manage assets during incapacity and to pass them to heirs without probate.

Context

Trusts are a core estate-planning tool. A revocable living trust lets the grantor stay in control while healthy, name a successor trustee to step in during incapacity, and transfer assets to beneficiaries after death — typically avoiding probate for the assets it holds. Irrevocable trusts give up that flexibility in exchange for other purposes, such as tax planning or asset protection, and generally cannot be changed once created. Trust law is state-specific, and a trust must actually be funded — assets retitled into it — to work as intended.

Key Points

  • Three roles: grantor creates it, trustee manages it, beneficiaries benefit from it. One person can fill more than one role.
  • Revocable vs. irrevocable is the most important distinction — it determines whether the arrangement can be changed.
  • Funding matters. A trust only controls assets that have actually been transferred into it.
  • State law governs. Requirements for creating and administering trusts differ by state.

Explore Trust Resources

Continue learning with our plain-language guides, or browse related legal topics for seniors and their families.

Explore Trust Resources

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Frequently Asked Questions

Do I still need a will if I have a living trust?
Usually yes. Most estate plans pair a living trust with a simple 'pour-over' will that catches any assets not transferred into the trust, and the will is also where parents name guardians for minor children.
Does a trust avoid all taxes?
No. A revocable living trust generally does not reduce income or estate taxes by itself; tax effects depend on the trust type, the assets, and current law.
How can someone find legal help for an elderly parent?
Common starting points include the state bar association's lawyer referral service, local legal aid organizations, and the Area Agency on Aging or state department of aging, which can often point to senior-focused legal services. When you contact a lawyer, ask about their experience with the specific issue, how fees work, and what documents to bring to a first meeting.

Sources & Further Reading

These are official or established sources you can use to verify the information above. External links open in a new tab.

The Florida Bar

Estate Planning — Consumer Information

Consumer resources on wills, trusts, and estate planning under Florida law.

External links do not imply endorsement.

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Published: September 26, 2026

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