Revocable living trusts get talked about constantly in Boca Raton, often by people selling them. So it is worth cutting through the pitch. Here are the real questions people ask before deciding whether a revocable trust belongs in their plan.
What is a revocable living trust, really?
It is a legal arrangement, governed in Florida by the Florida Trust Code (Chapter 736), where you transfer your assets into a trust you control. You are typically the trustee and the beneficiary during your life, so day to day, nothing about how you use your money changes. “Revocable” means you can amend or cancel it anytime while you are competent.
Will it really help me avoid probate?
Yes, but only for assets you actually move into the trust. This step, called “funding,” is where most plans fall short. If you sign a beautiful trust document but never retitle your Boca Raton home, brokerage account, or bank accounts into the trust’s name, those assets still go through probate. A trust is only as good as its funding.
Does a revocable trust save me on taxes?
No, and be skeptical of anyone who says otherwise. While you are alive, the trust uses your Social Security number and is tax-neutral. And remember, Florida has no state estate tax or inheritance tax to begin with. A revocable trust is about avoiding probate, maintaining privacy, and planning for incapacity, not about cutting taxes.
What does privacy actually mean here?
A Florida probate is a public court process; the will and inventory become part of the record anyone can request. A revocable trust generally settles privately, outside the courthouse. For Boca Raton families who value discretion about what they own and who receives it, that privacy is often the real draw.
How does it help if I become incapacitated?
This is an underrated benefit. If you can no longer manage your finances, your named successor trustee steps in to handle trust assets immediately, without a court guardianship proceeding. Combined with a durable power of attorney under Chapter 709 for assets outside the trust, this keeps your affairs running smoothly during a health crisis.
What about my homestead? Can I put my house in the trust?
You can, and many do, but it must be handled carefully so you do not jeopardize Florida’s homestead creditor protection or your homestead property tax exemption. This is an area where Boca Raton homeowners benefit from precise drafting. Some people instead keep the home out of the trust and use a Lady Bird (enhanced life estate) deed to pass it at death while avoiding probate.
Do I still need a will if I have a trust?
Yes. A “pour-over” will works alongside the trust, catching any asset you forgot to fund into it and directing it into the trust at death. The will also nominates a guardian for minor children, something a trust cannot do.
Is a revocable trust worth it for me?
It depends. A higher-value Boca Raton home, out-of-state property, a desire for privacy, or concern about incapacity all push toward a trust. A simpler estate may do fine with a will plus beneficiary designations and a Lady Bird deed.
A note before you commit
Funding mistakes and homestead missteps are common when trusts are set up without guidance. A licensed Florida estate planning attorney can tell you whether a revocable trust truly fits your Boca Raton situation, and make sure it is funded correctly.
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For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .
