What You Should Know About Real Estate Trusts in Florida — And How We Can Help
Planning ahead for what happens to your home and assets can make an enormous difference for the people you love. Preparing now allows your family to grieve without the added stress of court delays, legal confusion, or financial pressure. If you own real estate or have significant assets, questions about tax exposure, inheritance, and property transfer are likely already on your mind.
That’s where understanding real estate trusts in Florida becomes so important.
Viera Investment Group LLC helps homeowners and families navigate these decisions with clarity, so nothing is left to chance. Whether you’re planning ahead or dealing with a property already held in a trust, our role is to help you understand your options and avoid unnecessary complications down the road.
Why Many Property Owners Choose a Trust
A real estate trust allows the title of your property to be transferred out of your personal name and into a trust. The trust is managed by a trustee and designed to protect your property and beneficiaries according to your wishes.
When structured properly, a trust can:
- Reduce or avoid probate court
- Create a clear plan for property distribution
- Protect heirs from delays and disputes
- Add privacy to the transfer of assets
- Help limit exposure to creditors and unnecessary costs
Without this planning, families are often left dealing with disagreements among heirs, probate court timelines, legal expenses, and unexpected claims against the estate — all during an emotionally difficult time.
Viera Investment Group LLC helps property owners in Florida understand whether a trust makes sense for their situation and what role the property plays within the larger estate plan.
How We Help You Navigate Real Estate Trusts
Not all trusts are the same, and not every property held in a trust is easy to sell, transfer, or manage. This is where many families get stuck — especially after a loved one has passed.
We help by:
- Explaining how real estate trusts work in Florida
- Helping heirs and trustees understand their responsibilities
- Identifying whether a property must go through probate or can bypass it
- Assisting with properties already titled in a trust
- Coordinating with attorneys, trustees, and other professionals when needed
- Helping families decide the best next step for a trust-owned home
Our goal is not to replace legal counsel, but to help you see the full picture and avoid costly mistakes or delays when real estate is involved.
Why Trusts Matter
Real estate deeded into a trust in Florida enables the beneficiaries to circumvent a great deal of paperwork and red tape during a challenging time by avoiding probate court. Probate is a time-consuming and expensive process that can take several months or even years to conclude. The probate court also oversees the distribution of funds and ensures the repayment of any creditors against the decedent’s estate. A will sets out how the decedent wished for their trustee to distribute the assets. Without a will, the probate court determines the guidelines for distribution, usually set out by the state regarding inheritance and transference of the property title to the heirs. The heirs will receive the money at closing when and if the property sells.
There is a lifetime exclusion on the transfer of gifts or estates which is adjusted annually for cost of living increases, in 2021 the amount was set at 11.7 million per individual and 23.4 million for couples. After your lifetime exclusion is met, if you’re married and your spouse is deceased, their exclusion rolls over to the survivor. If your home is under a trust, your heirs will realize gift tax savings, ranging from 8 to 40 percent and generally paid by the gifter. The estate portion of this tax is applied upon death, and the trust may also protect the home from creditors. Another benefit of real estate trusts is that they are private transfers of wealth, not a matter of public record as with probate.
Setting Up a Trust
Another thing you should know about real estate trusts in Florida is that there are dozens of structures, so it’s important that you take a careful examination of your options before deciding which type of trust suits your estate best. Your estate may hold more value than you realize, and there are benefits to creating a trust so that your estate can be inherited by your heirs. You’ll need to gather all of your important documents and take a realistic assessment of your assets. You may have a family member that you wish to ensure a supplemental income to, you can create a special needs trust that will fulfill your wishes. Perhaps you have a financially irresponsible family member, you can create a spendthrift trust that provides protection against their creditors as well as limiting access to the principal funds. When the trust is irrevocable, this means there will be no second-guessing your actions, there is no way to change your mind once your home or other assets have been transferred to the real estate trust. Irrevocable trusts, however, qualify your beneficiaries for estate tax exemption, in most cases, so the matter should be carefully weighed.
Depending on how comfortable you feel with handling the process, you can create your own trust, you may also select to use an online service to create your trust, however its advisable to seek professional legal counsel. you’ll also need to decide who will be in charge of handling the estate as your successor trustee, you should speak with them and be certain they are willing to handle the responsibility. you’ll then have the trust documents created and finally transfer the deed into the real estate trust. you’ll hold title to the property in the trust as the trustee, which includes your name entered precisely as well as the date.
Viera Investment Group LLC can help if you need to sell after the loss of a loved one. With very little time involved, Viera Investment Group LLC wants to make the process as stressless as possible, making you a fair cash offer and closing in a matter of days or weeks. Viera Investment Group LLC understands this is a difficult time and our experienced professionals are happy to answer any questions or concerns you may have. Send us a message or call Viera Investment Group LLC at +19738321791.
What Is a Revocable Living Trust? (Basics + how it works)
Revocable Trusts (Living Trusts) — Overview from the American Bar Association
How To Put Your House In a Trust (Practical, homeowner-focused guide)