[FL] Should my mom create a trust if she already has a will?

Lexi, Chatbot

I understand you want to ensure the wording in your mom's will is correct. Can you tell me if the will was created using a template or by a lawyer?

Lexi, Chatbot

Have there been any specific concerns or issues that have made you unsure about the wording in the will?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with the wording in the will.

Legal Eagle

Hello! Legal Eagle here, and I am an attorney specializing in your area of law. Have you discussed the will with your mom to ensure it reflects her wishes accurately?

Legal Eagle

Sure thing! What state is this in again?

Legal Eagle

Thanks so much! What source did you get this from?

Legal Eagle

Got it! Ok I reviewed it and it looks good. eForms is one of the most widely recognized websites in the world for forms and in your case, all you need is signatures.

Legal Eagle

It definitely helps to have a trust in addition to a will! I have one myself. Making a trust is actually relatively simple under Florida law (FL Statutes 736.0402(1)). I can lay out the rules for you:

1. You just need to make sure it is in writing. Usually, doing it on the computer is best.
2. You need to name the trust.
3. You should identify yourself as the trustor of the trust: “I [insert name], being of sound mind and body, declare the following...”
4. Then, you should identify what property goes into the trust.
5. Identify who you are giving it to (the beneficiaries).
6. You need to identify a trustee. This could be a friend, family member, lawyer, or any adult.
7. The law prohibits a person from being the settlor, sole trustee, and sole beneficiary. So you would need to make sure you have a successor trustee or another beneficiary. Otherwise, this is called a “merger.” A merger invalidates the trust.
8. Sign it, date it.
9. Have two witnesses who are NOT receiving something in the trust sign and date the document as well.
10. It does not need to be filed anywhere, but make several copies.
11. Make sure property actually goes into the trust. This means that if the trust is a beneficiary of a life insurance policy, change it. If they are the beneficiary on a pension, change it. If the trust will own a house, change it.

Legal Eagle

Sure thing! So if there is real estate, quit claim it into the name of the trust, for example.

Legal Eagle

No problem! That's just an example. For example, if she has a brokerage account, she can create one in the name of the trust or transfer the name of the brokerage to the trust. If she has a life insurance policy, she can make the trust a beneficiary and then have the money divided however she wants. That's what I mean by putting property into the trust. It's like a big lockbox. I know it’s a lot, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.

Legal Eagle

Hello! I want to make sure ALL of your concerns were addressed. Did you have any concerns about this that still need to be addressed? I'm happy to help.

Legal Eagle

So I haven't heard from you in a while, but that's ok! I hope I’ve provided the information you were seeking. If you need more help, please let me know so I can continue to assist you.