Top Trust-Based estate planning in South Florida
A properly structured trust can help protect your family's financial future, simplify asset transfers, preserve privacy, and set clear instructions for managing your wealth.
At Lomba P.A., our Florida trust attorneys help individuals, families, entrepreneurs, and business owners establish customized trusts that align with their financial goals, family circumstances, and long-term estate planning objectives.
Whether you need a revocable living trust to help your family avoid probate, an irrevocable trust for advanced estate planning, or a sophisticated strategy for transferring business interests and generational wealth, our firm provides legal guidance tailored to your needs.
Serving clients throughout Florida, including Fort Lauderdale, Broward County, Miami-Dade County, Palm Beach County, and the Tampa Bay area.
Schedule a Free Trust Planning Consultation
Call (954) 280-6992 or contact Lomba P.A. to discuss your estate planning goals.
What Is a Trust, and How Can It Protect Your Assets?
A trust is a legal arrangement in which a trustee holds and manages assets for the benefit of designated beneficiaries according to instructions established by the person creating the trust.
Under Florida law, trusts can be designed to accomplish several important objectives:
Avoiding probate: Assets properly transferred into certain trusts may pass to beneficiaries without going through probate.
Protecting family wealth: Certain trust structures may help preserve assets for children, grandchildren, and future generations.
Maintaining privacy: Unlike wills submitted to probate, trust agreements generally do not become part of the public probate record.
Planning for incapacity: A successor trustee can manage trust assets if the original trustee can no longer act.
Controlling distributions: Trusts can establish when, how, and under what circumstances beneficiaries receive assets.
Supporting asset protection: Properly structured irrevocable trusts may protect against certain future creditor claims, subject to applicable law.
Addressing estate taxes: Advanced trust planning may help qualifying families manage federal estate and gift tax exposure.
Not every trust provides every benefit. The right structure depends on the assets involved, beneficiary needs, tax considerations, and the degree of control you wish to retain.
At Lomba P.A., we evaluate your circumstances before recommending a trust arrangement.
Our Florida Trust Planning Services
Lomba P.A. assists clients with foundational estate planning trusts and more sophisticated structures designed for wealth preservation, family protection, and business succession.
Revocable Living Trusts
Maintain control of your assets while simplifying their transfer to your beneficiaries.
A revocable living trust is one of the most commonly used estate planning tools in Florida.
As the person establishing the trust, you can generally serve as trustee, manage trust property, and amend or revoke the arrangement during your lifetime while you have legal capacity.
A properly funded revocable living trust may help:
Avoid probate for assets held in the trust.
Maintain greater privacy over asset distribution.
Establish a successor trustee to manage assets during incapacity.
Provide clear instructions for distributing property after death.
Reduce administrative delays and potential family disputes.
Coordinate the transfer of real estate, financial accounts, and business interests.
Important: A revocable living trust does not ordinarily protect assets from your own creditors during your lifetime or automatically reduce estate taxes.
Our attorneys help clients establish living trusts, coordinate beneficiary designations, and address the steps necessary to fund their trusts properly.
Irrevocable Trusts
Advanced estate planning for wealth preservation and long-term asset management.
An irrevocable trust generally limits the creator's ability to modify or terminate the arrangement, although Florida law may allow certain changes.
Depending on its structure, funding, beneficiaries, and applicable legal requirements, an irrevocable trust may offer benefits such as estate tax planning, creditor protection, and multigenerational wealth transfers.
Lomba P.A. helps clients evaluate irrevocable trusts for:
Long-term family wealth preservation.
Estate and gift tax planning.
Protection of assets intended for beneficiaries.
Structured transfers of business and investment interests.
Charitable giving and philanthropic planning.
Long-term distribution and succession strategies.
Because transferring assets into an irrevocable trust can have significant legal and tax consequences, careful planning is essential.
Our firm evaluates the advantages, restrictions, and potential risks before recommending an irrevocable trust.
Dynasty Trusts
Create a lasting financial legacy for children, grandchildren, and future generations.
A dynasty trust is designed to preserve and manage family wealth across multiple generations.
Rather than distributing all inherited assets outright, a dynasty trust can establish long-term rules for how property is managed, invested, and distributed.
Depending on its terms and applicable law, a dynasty trust may help:
Preserve family wealth over the long term.
Provide structured distributions to future generations.
Reduce the risk of irresponsible spending or mismanagement.
Protect certain trust assets from beneficiaries' creditors.
Support estate and generation-skipping transfer tax planning.
Establish a long-term family wealth management framework.
When creating these structures, evaluate Florida's trust duration rules and federal tax considerations.
Lomba P.A. helps families and business owners determine whether dynasty trust planning fits their assets and legacy goals.
Spousal Lifetime Access Trusts (SLATs)
Transfer wealth while preserving a potential source of financial support for your spouse.
A Spousal Lifetime Access Trust, commonly called a SLAT, is an irrevocable trust one spouse establishes for the benefit of the other spouse and potentially additional family members.
When properly structured, a SLAT may help transfer assets outside the grantor's taxable estate while allowing the beneficiary spouse to receive distributions under the trust's terms.
SLAT planning may be appropriate for married couples who want to:
Address potential federal estate tax exposure.
Transfer appreciating assets to future generations.
Establish long-term family wealth planning arrangements.
Preserve limited indirect access to trust assets through a beneficiary spouse.
SLATs involve important considerations, including gift tax rules, trustee selection, divorce, the beneficiary spouse's death, and the federal reciprocal trust doctrine.
Lomba P.A. helps clients evaluate whether a SLAT fits their estate planning strategy and coordinates with tax advisors when appropriate.
Special Needs Trusts
Provide financial support for a loved one without unnecessarily jeopardizing public benefits.
A special needs trust allows assets to be managed for a beneficiary with a disability while potentially preserving eligibility for certain means-tested government benefits.
These trusts may be especially valuable for families planning for a child or adult who receives Supplemental Security Income (SSI), Medicaid, or other needs-based assistance.
Depending on the trust type, funding source, and applicable benefit rules, a special needs trust can provide resources for supplemental expenses without automatically disqualifying the beneficiary from public assistance.
Our firm helps families evaluate trust provisions that support a beneficiary's quality of life while meeting applicable benefit eligibility requirements.
Irrevocable Life Insurance Trusts (ILITs)
Coordinate life insurance proceeds with your long-term estate planning strategy.
An irrevocable life insurance trust is designed to own life insurance policies and manage the distribution of insurance proceeds according to established trust instructions.
When properly structured and administered, an ILIT may help:
Reduce potential federal estate tax exposure.
Provide liquidity for estate-related obligations.
Establish controlled distributions for beneficiaries.
Support business succession and family wealth transfer planning.
Protect certain inherited assets through continuing trust arrangements.
Tax treatment depends on policy ownership, retained powers, timing of transfers, and applicable federal law.
Lomba P.A. helps clients evaluate ILIT planning as part of a comprehensive estate strategy.
Charitable Lead Trusts
Support charitable organizations while planning for the transfer of family wealth.
A charitable lead trust pays qualifying charitable organizations for a specified period, with the remaining trust assets generally passing to designated noncharitable beneficiaries.
These arrangements may suit individuals who want to combine charitable giving with long-term family wealth transfer planning.
Our firm helps clients evaluate charitable lead trusts and coordinate their legal structure with applicable tax considerations.
Charitable Remainder Trusts
Combine charitable giving with an income distribution strategy.
A charitable remainder trust generally provides distributions to designated noncharitable beneficiaries for a specified term or lifetime, with the remaining assets ultimately passing to qualifying charitable organizations.
Depending on its structure, a charitable remainder trust may offer planning opportunities involving appreciated assets, income distributions, and charitable tax deductions.
These arrangements require compliance with specific federal tax rules and ongoing administration requirements.
Lomba P.A. helps clients determine whether charitable remainder trusts fit their financial and philanthropic objectives.
Which Type of Trust Is Right for You?
The right trust depends on your family structure, financial circumstances, estate planning goals, and the types of assets you want to protect or transfer.
| Trust Type | Primary Planning Objective |
|---|---|
| Revocable Living Trust | Probate avoidance, privacy, and incapacity planning |
| Irrevocable Trust | Advanced wealth preservation and estate planning |
| Dynasty Trust | Multigenerational wealth management |
| Spousal Lifetime Access Trust | Estate tax planning for qualifying married couples |
| Special Needs Trust | Supporting beneficiaries with disabilities |
| Irrevocable Life Insurance Trust | Life insurance and estate tax planning |
| Charitable Lead Trust | Charitable giving and future wealth transfers |
| Charitable Remainder Trust | Charitable giving and income distributions |
Not sure which trust fits your situation?
Our attorneys can evaluate your assets, family needs, and financial goals to recommend the right legal structure.
Trust Planning for Florida Business Owners and Entrepreneurs
For business owners, trust planning can be an important part of protecting both personal wealth and the business's future.
Ownership interests in corporations, limited liability companies, partnerships, and other business entities may require specialized estate planning considerations.
Without a coordinated succession strategy, an owner's death or incapacity can create uncertainty around management authority, ownership transfers, and business continuity.
Lomba P.A. helps business owners integrate trust planning with broader corporate and succession strategies.
Our services may include:
Coordinating business ownership interests with trusts.
Planning for the transfer of LLC and corporate interests.
Reviewing operating agreements and ownership restrictions.
Establishing succession and management provisions.
Evaluating irrevocable trust strategies for family-owned businesses.
Coordinating estate planning with business exit strategies.
Planning for incapacity and the continued management of business assets.
Your estate plan should account for the business you worked to build.
Our firm combines estate planning services with business law experience to help clients address the legal considerations associated with transferring and preserving business interests.
Learn more about our Trust and Estate Planning Services.
Trust Funding: Why Creating a Trust Is Only the First Step
One of the most important parts of establishing a trust is ensuring that the appropriate assets are properly transferred into it.
This process is known as trust funding.
Simply signing a trust agreement does not automatically place your home, bank accounts, investments, or business interests into the trust.
Depending on the assets involved, funding may require:
Preparing and recording real estate deeds.
Retitling eligible financial accounts.
Assigning business ownership interests.
Reviewing LLC operating agreements.
Coordinating beneficiary designations.
Evaluating life insurance ownership.
Reviewing Florida homestead restrictions and tax implications.
Certain assets, including retirement accounts, require special consideration and generally should not be retitled into a living trust without appropriate legal and tax analysis.
At Lomba P.A., we help clients understand the funding requirements associated with their trusts and coordinate the necessary legal documentation.
Florida Trust Planning and Asset Protection
Trusts can play an important role in an asset protection strategy, but the level of protection depends on the trust's legal structure.
A revocable living trust generally does not shield the creator's assets from personal creditors.
Certain properly established irrevocable trusts, however, may protect beneficiaries or support lawful long-term asset planning.
Florida law imposes important limitations on transfers intended to hinder, delay, or defraud creditors. Asset protection planning must be implemented lawfully and evaluated in light of existing obligations and potential claims.
Our attorneys help clients assess trust structures alongside other planning tools, including business entities, ownership arrangements, and estate planning documents.
Learn more about Lomba P.A.'s Asset Protection Services.
Why Choose Lomba P.A. for Trust Planning in Florida?
Trust planning requires more than preparing documents. It requires understanding how your assets, family relationships, business interests, and long-term objectives fit together.
At Lomba P.A., we take a coordinated approach to estate and trust planning.
Customized Legal Strategies
We evaluate your individual circumstances rather than recommending the same trust structure for every client.
Business and Estate Planning Experience
Our business law practice allows us to address the estate planning needs of entrepreneurs, investors, and business owners with complex ownership structures.
Advanced Trust Planning Options
From revocable living trusts to dynasty trusts, SLATs, and charitable trusts, we help clients explore planning options appropriate to their circumstances.
Trust Funding and Implementation Guidance
We assist with the legal documentation and coordination necessary to help clients i’ estate plans.
Florida-Focused Legal Counsel
Our firm serves clients throughout Florida, with offices in Fort Lauderdale and Tampa Bay.
Schedule a Consultation With a Florida Trust Attorney
Protect what you've built and create a plan for the people who matter most.
Whether you're establishing your first living trust, protecting family wealth, preparing for business succession, or exploring advanced estate planning strategies, Lomba P.A. can help you evaluate your options.
Our Florida trust attorneys work with individuals, families, and business owners to create legally sound trust arrangements aligned with their long-term objectives.
Contact Lomba P.A. Today
Phone: (954) 280-6992
Frequently Asked Questions About Trusts in Florida
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Florida law does not require every trust to be created by an attorney. However, working with a Florida trust attorney can help ensure the trust meets applicable legal requirements, reflects your intentions, and is properly coordinated with your assets and estate plan. Certain trust-related legal services require a licensed attorney.
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The cost depends on the type of trust, complexity of the assets, family circumstances, and legal services required. A revocable living trust may involve less extensive planning than a sophisticated irrevocable or multigenerational trust. Lomba P.A. offers estate planning package options and can discuss applicable fees during a consultation.
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A properly funded living trust can generally allow assets held in the trust to transfer or remain under trust administration without probate. Assets left outside the trust may still require probate unless another valid transfer mechanism applies.
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A revocable living trust generally does not provide protection from the creator's creditors. Certain irrevocable trusts may offer specific protections depending on their structure. Florida homestead protections also require separate legal analysis.
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A revocable trust generally allows the creator to retain control and modify or terminate the arrangement. An irrevocable trust typically imposes greater restrictions on the creator's control but may provide additional estate planning, tax, or beneficiary protection benefits.
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In many circumstances, a Florida residence can be transferred into a properly drafted revocable living trust. However, the transfer must be evaluated for its effect on homestead protections, property taxes, mortgages, and family rights.
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Yes. Trusts can often hold ownership interests in LLCs, corporations, and other business entities. The transfer must comply with applicable operating agreements, shareholder agreements, governing documents, and relevant tax rules.
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Yes. Trusts can often hold ownership interests in LLCs, corporations, and other business entities. The transfer must comply with applicable operating agreements, shareholder agreements, governing documents, and relevant tax rules.
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Florida does not impose a separate state estate tax. However, federal estate and gift taxes may apply to qualifying estates and transfers. Trust planning may help certain families address these obligations.
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A revocable trust can generally be amended or revoked by its creator while the creator has the legal capacity and authority to do so. An irrevocable trust is more restrictive, although modifications may be possible through procedures permitted under Florida law.
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The trust's terms determine how the trustee manages and distributes its assets. A successor trustee may take over administration, pay appropriate expenses, address applicable tax obligations, and distribute or continue holding assets for beneficiaries according to the trust agreement.
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The timeline depends on the trust's complexity, asset information, drafting requirements, and funding arrangements. Basic revocable trusts may be completed more quickly than advanced trusts involving business ownership, tax planning, or multiple beneficiaries.
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Generally, yes. A pour-over will can address assets that remain outside the trust at death and may be used to nominate guardians for minor children. A comprehensive estate plan often includes both a trust and a will.
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