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They were a great help with my probate case. From the initial consultation, they provided clear guidance and were incredibly supportive throughout the entire process. Their expertise made everything so much easier to handle. I highly recommend them for any probate matters in Florida. ... Read More
Monserratt Mayorga
Probate
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This team exceeded our expectations in handling our family’s probate case. They were incredibly knowledgeable about inheritance laws and guided us through every step. Their compassion during this difficult time made a world of difference, ensuring we felt supported and understood throughout the process ... Read More
Joel Soto
Probate
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It can be very difficult go through something you have no idea how to manage. But I’m so grateful because I found these amazing people which helped me with my probate case and they handled in the must professional way.Keep up the good work! ... Read More
Jose Velasquez
Probate
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I cannot speak highly enough of the exceptional service I received from this law firm regarding probate law. After the passing of a loved one, I needed legal assistance with the estate administration, and they made a complex and emotionally charged process as smooth as possible. Their probate law team ... Read More
Maddy Castro
Probate
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I'm located in California and I needed to do a Probate Law case in Florida, I was referred to this office and I'm glad I was, the consultation is over the phone which was so helpful on my situation, the attorney that talk to me during the consultation was so ... Read More
Alicia Carias
Probate
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I had my consultation with the attorney Carling Freidzon for a Probate case, the attorney was able to explain how the office works and clarify my doubts regarding the case. I was so happy I found this firm and I decided to hire them. The attorney assigned to my case ... Read More
Joseph Gabriel Coello Gutierrez
Probate
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I had the pleasure of meeting with Yudy on behalf of my mom for a free 30-minute consultation regarding some estate administration concerns. From the moment we spoke, it was clear that she is not only highly knowledgeable but also incredibly kind and patient. She took the time to listen ... Read More
Kristin Thakkar
Probate
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I worked with Samah and her team, to anyone who needs a probate or family law attorney this is it. Lawyers returning my calls & emails promptly is important to me. They’re very organized; I had a consult with Samah and she listened to what I wanted including giving her ... Read More
John Smith
Probate
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Loved working with Yudy! She is really on top of her game and gets work done. She’s very responsive and I feel like she works all nonstop lol. Excellent work on my probate case, Yudy. Highly recommend! ... Read More
Neivis Roa
Probate
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Samah and her team are very helpful and communicative. They have a very good understanding in probate and estate planning. You can tell everyone on the team is there to help with your problems. If you are looking for a probate attorney in Florida, look no further. They provided me ... Read More
Vance Johnson
Probate
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I had an issue with a Probate case, and I had went to another attorney, but they were not helpful. I’m very thankful my cousin referred me to Samah and her team. I immediately got a response and they began work right away. They’ve communicated with me the whole time, ... Read More
Mohamed Abukhdair
Probate
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Sam and her team are excellent, highly responsive, and very skilled. I highly recommend them for any family law or probate legal issues. They will walk you through the process and take the stress off your plate. I regularly refer Sam and her firm cases and my referrals are always ... Read More
Thomas Graham
Probate
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As a fellow legal professional, I’ve had the privilege of working with Samah on a matter for a family member. Her dedication to probate law is remarkable and her compassion for clients is truly commendable. She strikes an impressive balance between a keen legal mind and a caring, empathetic heart. ... Read More
Salman Salehjee
Probate
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I recently had the privilege of working with The Florida Probate & Family Law Firm for assistance with my father's probate case. From the first consultation, I was immediately impressed by the professionalism and knowledge of the team. They walked me through every step of the process and made sure ... Read More
Adam Khdair
Probate
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I cannot express enough how amazing Samah is. As a probate attorney, she is highly skilled and knowledgeable. But what sets her apart is her extraordinary compassion and care. Her genuine empathy made a difficult process much more manageable. She provided a safe space where I felt comfortable sharing my ... Read More
Andres Palau
Probate
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I highly recommend Samah and her team to anyone who needs a probate or family law attorney. My experience with them was wonderful from start to finish; they were always great at returning my calls, responding to my emails. They’re very organized; I had a consult with Samah where she ... Read More
Ramie AlTawil
Probate
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The best law firm ever! Samah is such an incredible attorney. She was there every step of the way to help me with my legal issues. If you’re ever in need of legal assistance, this is the place to go to. I HIGHLY RECOMMEND!!!! ... Read More
Deanna Darwish
General
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This law firm is the best in town! Very professional and quite helpful. They're always available, responsive, and on top of every single step. Samah deals with every case diligently and efficiently. Highly recommend this firm. Seriously, no need to look around, they're the best! ... Read More
Hanin Kamal
General
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I had a fantastic experience with this firm. The team of attorneys was incredibly knowledgeable, professional, and attentive to my legal needs. From the initial consultation with attorney Jose to the resolution of my case, they provided excellent guidance and support. ... Read More
Corey Wright
General
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We have trusted Florida Probate & Family law with several referrals on complex Trust litigation, Probate and Family law matters and they have always handed each client with excellence, professionalism and respect. We highly recommend their services ... Read More
Robinson Casey
General
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I had the privilege of working with recently Samah, and I cannot speak highly enough of her exceptional service and expertise. From start to finish my experience with her team was truly outstanding. ... Read More
Kal Kader
General
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Attorney Valeska Casanova- Chacon is an extraordinary human being and professional. She worked on my case from day one, willing to do what was best for me and my family. She is respectful, answered quick to all my questions and advised me with the best solutions for my case. I ... Read More
Melissa Castaneda
General
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I recently had the pleasure of working with The Florida Probate & Family Law Firm, and I wanted to share my positive experience. From the moment I contacted them, I was greeted with kindness and professionalism. The whole team was incredibly knowledgeable and took the time to understand my specific ... Read More
Anthony Avila
General
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Highly recommended!! Samah, Jose, and the entire team is fantastic. I have worked with the firm in representing my most valued clients and they have been responsive, effective, and produced great results. Thank you helping my clients feel at ease and making the planning process a breeze! ... Read More
Kristina Wilson
General
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The office was exceptional in every way. From calling and getting basic information on procedures , to sending forms in, to actually having the appointment , each step was clearly explained to me and so professional ! Everyone in the office was very kind and so helpful to meeting the ... Read More
Noor Masri
General
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Attorney Krizia Toledo and the entire team were very professional. They took care of my case and gave me clear guidance. It is not the cheapest option but you are in good hands. ... Read More
Ricardo Abend Van Dalen
General
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I’ve never had to deal with legal issues and Sam was excellent. Her office is well organized, responsive, and cares. Her paralegal and associates follow up and make sure that you understand how to fill out the initial docs and answer any questions you may have. I spoke to Sam ... Read More
Alaa-Aldeen Abukhdair
General
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Sam and her team are great. We had a family emergency and they were able to help us after hours and the weekend to ensure everything was taken care of. Another firm would not have accommodated it but we were lucky to find a team that really cared and took ... Read More
Matthew
General
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Super talented, professional, they know their job. Would never go to anyone only to the Florida Probate & Family Law firm exelent job Thank you so much ... Read More
Irma Haddi
General
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Sam and her staff are amazing. They are truly transparent throughout the entire process and make you feel valued at all times, from the beginning to the end. I would highly recommend Sam to anyone looking for professionalism and being assisted like family and not like another number in your ... Read More
Victor A.
General
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From the beginning I felt welcomed. The intake team scheduled my call and listened carefully. Great staff, very communicative. They always take my phone calls and respond to my emails the same day. If you’re looking for an attorney that cares and is dedicated to helping you, you’ve come to ... Read More
Connie Mei
General
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Best firm in Miami! So helpful and honest. They really are on their A game! I was referred by my real estate agent and I couldn’t be happier with my decision to bring on Samah and her team. They listened carefully in every meeting we had and helped plan a ... Read More
Leah Valdes
General
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I wholeheartedly recommend This Law Firm to anyone seeking legal representation. Their commitment to excellence, integrity, and client satisfaction makes them a top-notch law firm that you can trust with your most critical legal matters. ... Read More
Reem Kader
General
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I recently had the pleasure of speaking to Melissa, who was so kind and professional. She helped answer all my questions and direct me to the correct people. I am so happy with the work that is done at The Florida Probate & Family Law Firm in Coral Gables. ... Read More
Jocelyn Gonzalez
General
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If you're searching for quality representation The Florida probates and family Law Firm would be the best choice. Samah would go above and beyond for her clients and is the rare attorney who takes the time to learn all the facts of your case. I couldn't be more grateful for ... Read More
Areej Yousef
General
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Called for an initial consultation and I spoke with a young lady called Scarleth and she was very attentive and very respectful. She listened to me vent. She was truly a great first impression of this firm. Everything else ran so smooth! ... Read More
Miguel Lumbreras
General
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I have dealth a couple of times with this law firm and would recommend it highly. Unlike others in the field, they take the time to understand your needs in order to address them professionally and efficiently. ... Read More
Felipe Cuza
General
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I had a case that started simple, and became a horrible nightmare. This firm and Ms. Shapiro guided me with a steady hand and compassionate counsel through dark times. I can’t thank them enough. Highly recommend them. ... Read More
Thomas Claiborne
General
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This firm handled my trust case efficiently. Their outstanding attention to detail were invaluable. I am very satisfied with the results obtained. ... Read More
Fernando Lainez
General
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It was a pleasure working with this firm. Samah is an excellent attorney who is passionate about the work she does. Her fellow attorneys and staff were also extremely helpful through the whole process. The Florida Probate and Family Law Firm is an exceptional firm who truly cares about and ... Read More
Danni Mena
General
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Samah was so friendly and extremely professional. She was able to precisely answer questions we had and point us in the right direction. I felt confident I was getting the same advice she would have given to a family member of hers. I’d highly recommend her for professional and legal ... Read More
Katie Young
General
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Let me start off by saying that I have nothing but AMAZING things to say about this law firm!! After firing my previous attorney (which was an absolute disaster), we decided to hire Florida Probate. Best decision ever! Krizia and Brenda listened to our needs, were knowledgeable and have executed ... Read More
Georgette Robaina
General
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Had a consultation with Samah over the phone. She was so professional and extremely knowledgeable with the law. She guided me on what to do and how to proceed with my case. Her confidence and calmness won me over. She truly cares about her clients and is aggressive for positive ... Read More
Atheer Naif
General
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We had a great experience with Samah and her staff. She was very transparent in what the process was going to be and the possible outcome. We are glad everything worked out well in the time that was initially estimated. We consulted with other firms before and they were all ... Read More
Franco Arias
General
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Samah and her team were great. They helped us through a difficult legal matter and my wife was extremely impressed with the entire intake team of Yasmin, Beatriz, and Danielle. The attorneys and paralegals are also wonderful and truly care. Look no further. ... Read More
Ultra Beauty Supply
General
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A living trust is an estate planning tool that can help your loved ones avoid probate court after your passing. You can transfer formal ownership of your property to these trusts, thereby removing them from your estate. However, you can often still benefit from ownership of these assets during your life.

If you have questions about living trusts in Florida, one of our knowledgeable probate attorneys can assist. There are strict requirements that come with drafting trust documents, and attempting it on your own without a legal professional is unwise.

Revocable vs. Irrevocable Living Trusts

The trust that someone makes can be either revocable or irrevocable. When a trust is revocable, the creator can alter or terminate it at any point during their lifetime. This can be done for any reason without the need for court approval.

Irrevocable trusts are not so simple to change. As the name implies, the creator generally cannot bring them to an end once they are created. There are some limited situations where a court will allow modification or termination, but this is usually only an option when a mistake is discovered or when all interested parties agree to the change.

Although they are less flexible, irrevocable trusts are popular because they come with additional benefits, such as potential tax savings and a path to avoid probate court.

How Do You Create a Living Trust in Florida?

To create a living trust in Florida, the grantor must determine what kind of arrangement is appropriate, specifically whether it is revocable or irrevocable. There is also the option to have a joint trust or limit it to a single creator.

The creator must possess the mental capacity to create the living trust, meaning they understand the impact of the document they are signing. They must also identify the beneficiaries, trustees, and the property involved. While this must be in writing, there is no formal requirement to file the document with the state or register it with an agency.

Why Avoid Probate Court by Making a Trust?

One of the major pros of a trust is that it allows the creator’s heirs to avoid the probate court process. When someone dies, the probate court system is used to evaluate their will, if one exists. The judge will then distribute those assets based on either the terms of the will or on the state’s intestate succession laws.

The downside to this is that probate is a costly and slow process. It can take months to distribute assets, or even longer if there is a dispute over the terms of the will. There is also the chance that intestate succession leads to a person receiving assets the decedent did not wish to give them.

These issues also play out in public court hearings. For families that value their privacy, probate can make these deliberations public. The use of the appropriate living trust in Florida can avoid all these issues and allow a beneficiary to skip probate entirely. This is possible because the trusts are the formal owners of the assets instead of the deceased, leaving nothing for the courts to address.

Talk to a Florida Attorney About Setting Up a Living Trust Today

If you are considering a living trust in Florida, you do not have to create one on your own. Our skilled legal professionals at The Florida Probate & Family Law Firm can help you get the outcome you deserve and avoid the pitfalls that come with drafting your own estate planning documents. Call our team today for a free case evaluation.

 

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