What Assets Cannot Be Placed in a Florida Trust?

A trust is a legal arrangement in which someone (grantor) transfers assets to another party (trustee) to hold and manage for the benefit of a third party (beneficiary). Trusts are commonly used for Estate Planning, wealth preservation and to ensure the orderly distribution of assets. But all assets cannot be placed in a Florida trust. 

Why Might You Want to Place Assets in a Trust? 

Placing assets in a trust can serve various purposes, and individuals may choose to do so for various reasons. Some common motivations for placing assets in a trust include: 

1. Probate Avoidance:
   Assets held in a trust typically avoid the Probate process, which is the legal process of validating a will and distributing assets after someone passes away. Avoiding Probate can lead to faster distribution of assets to beneficiaries. 
2. Privacy:
   Unlike Probate proceedings, which are typically a matter of public record, the details of a trust generally remain private. 
3. Asset Management and Professional Oversight:
   A trust allows for professional management of assets by a trustee, who is bound by a fiduciary duty to act in the best interests of the beneficiaries. This is particularly useful for those who may not have the expertise or desire to manage certain assets themselves. 
4. Control Over Distribution:
   The terms of a trust can specify how and when assets are distributed to beneficiaries. This level of control can be valuable in situations where beneficiaries are minors, have Special Needs, or are otherwise unable to manage their financial affairs responsibly. 
5. Estate Tax Planning:
   Certain types of Trusts can minimize estate taxes. For example, irrevocable life insurance Trusts (ILITs) are often employed to remove life insurance proceeds from the taxable estate. 
6. Protection of Assets:
   Trusts can protect assets from creditors, lawsuits, and other potential claims. Irrevocable Trusts, in particular, may offer stronger Asset Protection than revocable Trusts. 
7. Providing for Incapacity:
   A trust can include provisions for managing assets in the event of the settlor’s incapacity, ensuring a seamless transition of financial responsibilities. 
8. Charitable Giving:
   Charitable Trusts allow individuals to support charitable causes while providing potential tax benefits. These Trusts may involve donating assets during the donor’s lifetime or at their death. 
9. Family Wealth and Succession Planning:
   Trusts are commonly used in family wealth planning to pass assets to future generations while maintaining control over the distribution of those assets. 

Types of Trusts 

There are various types of Trusts, each designed to serve specific purposes and meet particular needs. Here are some common types of Trusts: 

• Revocable Living Trust:
  The settlor can alter or revoke this trust during their lifetime. 
• Irrevocable Living Trust:
  Once established, the terms of this trust generally cannot be changed or revoked without the beneficiaries’ consent. 
• Special Needs Trust (SNT):
  SNTs are designed to provide for individuals with disabilities without jeopardizing their eligibility for government benefits. This trust can cover expenses not met by public assistance programs. 
• Credit Shelter Trust (Bypass Trust):
  This type of irrevocable trust is designed to minimize estate taxes by taking advantage of each individual’s tax exemption. 
• Qualified Personal Residence Trust (QPRT):
  This trust allows a person to transfer their primary residence or vacation home to an irrevocable trust while retaining the right to live there for a specified period. This can be used for estate tax planning. 
• Generation-Skipping Trust (GST):
  This trust allows assets to be passed down to grandchildren (or lower generations) without incurring estate taxes at the child’s level. It effectively “skips” a generation. 
• Life Insurance Trust (ILIT):
  These irrevocable Trusts are designed to hold life insurance policies outside the insured person’s taxable estate, potentially reducing estate taxes.

What Assets Can Be Placed in a Florida Trust? 

In Florida, as in many other jurisdictions, a wide range of assets can be placed in a trust. The specific types of assets that can be held in a trust depend on the terms of the trust agreement and the applicable laws. Here are common types of assets that can be placed in a trust in Florida: 

• Real Estate
• Bank Accounts
• Investments
• Business Interests
• Life Insurance Policies
• Personal Property
• Intellectual Property
• Debts and Promissory Notes

What Assets Cannot Be Placed in a Florida Trust? 

When considering the establishment of a trust in Florida, it’s essential to be aware of certain limitations regarding the types of assets that can be effectively placed within the trust. While Trusts are versatile tools for managing various assets, some categories require special attention due to tax implications, legal considerations, or practical challenges. 

• Retirement Accounts (401(k)s, IRAs, 403(b)s):
  Placing retirement accounts in a trust may impact required minimum distributions (RMDs) and tax treatment. 
• Health savings accounts (HSAs) and Medical savings accounts (MSAs):
  These accounts often come with specific tax benefits, allowing individuals to contribute pre-tax dollars and withdraw funds tax-free for qualified medical expenses. Transferring them directly into a living trust is generally not allowed. However, individuals can designate the trust as the primary or secondary beneficiary. This means the funds can flow into the trust upon the account holder’s death. 
• Foreign assets:
  Any assets held outside of the United States may not be included in your trust, as they may be subject to different laws and regulations than assets held in Florida. It is recommended that individuals with foreign assets engage in additional Estate Planning in the country where those assets are situated. 
• Cash:
  Cash is difficult to track and manage when held in a trust. While physical cash should not be placed into a trust, funds may be deposited into bank accounts, which can be included in a trust. 
• Vehicles:
  While not strictly prohibited from inclusion in a trust, vehicles are typically titled in the name of the individual owner, and transferring them to a trust can be complex and expensive. 

Tips for Estate Planning and Deciding Which Assets to Include

Estate planning is a crucial process that involves deciding how your assets will be managed, preserved, and distributed both during your lifetime and after your death. Here are some tips for effective Estate Planning and deciding which assets to include:

1. Start Early: Estate planning is not just for the elderly or the wealthy. Start the process early to ensure your wishes are clearly documented and your assets are protected.
2. Take an Inventory of Your Assets: Create a comprehensive list of all your assets, including real estate, bank accounts, investments, retirement accounts, life insurance policies, business interests, and personal property. Knowing what you have to work with is the first step in planning how to distribute it.
3. Understand Your Goals: Clearly define your goals for Estate Planning. Common objectives include providing for family members, minimizing estate taxes, supporting charitable causes, and ensuring the smooth transfer of assets.
4. Consider Family Dynamics: Understand the dynamics within your family and consider how your Estate Plan may affect different family members. Address potential conflicts proactively and communicate openly with your loved ones about your decisions.
5. Consult with Professionals: Seek guidance from qualified Estate Planning Attorneys. These knowledgeable professionals can help you structure your Estate Plan from start to finish.

Call THE South Florida Estate Planning & Trust Attorneys – The Siegel Law Group, P.A.

Are you unsure how to take the first step toward creating a solid Estate Plan? Work with the dedicated South Florida Trust Attorneys at the Siegel Law Group for personalized assistance. 

Call our office at (561) 955-8515(561) 955-8515 for a complimentary consultation, or submit our online contact form to schedule a consultation today. If you have any questions, do not hesitate to contact us.