Justia Lawyer Rating
Super Lawyers

LGBT Revocable Living Trust

Gay, Lesbian, Same-Sex Couples, Unmarried Couples, Trusts

A Revocable Living Trust is a legal document you create while you are alive, and is an effective method of avoiding probate.

A revocable living trust allows you to name yourself as the initial trustee, and name another person to serve as successor trustee, in the event of your death or incapacity. You name your beneficiary or beneficiaries and you dictate how the successor trustee is to manage and distribute your assets upon your death.

As the trust is revocable, you maintain control over the assets in the trust during your lifetime. You can spend, sell, or give away trust assets as well as end the trust at any time you want. When you die, the successor trustee either continues to manage your trust assets or distributes the trust assets to your beneficiaries, per your instruction.

You “fund” a trust by transferring title to assets (bank accounts, real estate . . .) into the trust, thereby removing those assets from your probate estate.

Preparing a Revocable Trust in addition to a Florida Will is important if you are gay, lesbian, or are in a same-sex relationship.

  • A living trust allows for the smooth, inexpensive transfer of assets after death, without the need of the court supervised probate process.
  • A living trust, unlike a will, is less likely to be challenged by disgruntled family members and/or others. Courts are less likely to invalidate a trust since you put it into place and lived with it during your lifetime.
  • A living trust, unlike a will, does not become public record and remains private.
  • A living trust gives you the option of keeping the assets in trust for your beneficiary(ies) rather than distribute them outright.
  • A Living Trust should be used with a Florida “Pour Over” Will. A pour over will causes any asset or property which has been left out of the trust, to pour over into the trust after you die.

If you think a Revocable Living Trust may be appropriate for you, and would like to discuss establishing one, CONTACT US by email or call us at 904-685-1200 to schedule an appointment.

Client Reviews
After years of trying to protect my assets from creditors, I was shocked to find out that my assets were unprotected in ways I had never considered. Not only had I placed my assets at risk from my mother's creditors, but I had placed my assets at risk from other family members who were intent on manipulation. When my mother died, I discovered that a family member had changed my mother's estate planning documents. Mr. Goldman and his team were able to explain what went wrong and successfully defended my position in court. During the case, I learned that I could have had much better protection from family and creditors, thus avoiding years of litigation and undue familial stress. When it comes to protecting your assets and your family, I would highly recommend hiring Mr. Goldman and his team. Bill H.
As a real estate agent, I have been involved with many property transactions where I needed a probate attorney to help facilitate the transaction. I have used the services of Mr. Goldman and his staff over the last several years and continue to use them on a regular basis. His office has been able to navigate the court system and help estates sell their property quickly and efficiently. In addition, Mr. Goldman can help real estate investors structure trusts to protect their assets from creditors. Michael Starling
This office is fantastic. I was faced with a horrible situation and this office helped to put an end to the untenable situation. Ms. Kendal Schoepfer was always available before, during, and after office hours to answer any questions that I had. I highly recommend this law office to all. Tisha Brown
Kendal was an amazing answer to a difficult time. Highly recommend her!!! Dana Ramsey