Setting up a trust is often viewed as a smart and responsible step in the estate planning process. For many Florida families, a trust offers privacy, control, and peace of mind. However, a trust remains one of the most misunderstood estate planning tools. At Mara Law, P.A. our estate planning attorneys regularly see well-intentioned individuals make costly mistakes that defeat the very purpose of the trust he or she intended to create.

Whether a person is just beginning to learn what a trust is or already has documents drafted, understanding common errors can help protect assets, avoid unnecessary taxes, and ensure wishes are honored. Below are the most common trust mistakes estate planning attorneys encounter and how you may avoid them.

Mistake #1: Not Fully Understanding What a Revocable Trust Is

One of the first questions many clients ask is, “What is a revocable trust?” A revocable trust, often called a revocable living trust, is a legal arrangement that allows a person to place assets into a trust during his or her lifetime while retaining control. The creator of the trust may change, amend, or revoke the trust entirely as long as he or she remains alive and mentally competent.

Problems arise when a person assumes a revocable trust does more than it actually does. While revocable trusts are effective tools for avoiding probate and maintaining privacy, they do not provide asset protection from creditors and do not reduce estate taxes on their own.

Understanding the purpose and limitations of a revocable trust is essential before deciding whether it is appropriate.

Mistake #2: Failing to Fund the Trust Properly

Learning how to set up a revocable trust does not end with signing the document. One of the most common and damaging mistakes is failing to fund the trust properly.

A trust that holds no assets provides no benefit. Real estate, bank accounts, investment accounts, and other property must be retitled in the name of the trust. If this step is skipped or handled incorrectly, those assets may remain subject to probate, which defeats one of the primary reasons a person creates a trust.

Estate planning attorneys often review trusts that appear correct on paper but were never funded. This mistake may cause confusion, delays, and unnecessary expenses for loved ones after death.

Mistake #3: Choosing the Wrong Trustee

The trustee is the individual or institution responsible for managing trust assets and carrying out the terms of the trust. Choosing the wrong trustee may lead to family conflict, mismanagement, or legal disputes.

Some individuals automatically name the oldest child or a close relative without considering whether that person has the time, financial ability, or temperament to serve. Others fail to name a successor trustee, which creates problems if the primary trustee is unable to serve.

Estate planning attorneys often recommend carefully evaluating trustee options and, in certain cases, considering a professional or corporate trustee for complex estates.

Mistake #4: Not Understanding Revocable vs Irrevocable Trusts

Another common issue involves confusion about revocable vs irrevocable trust options. While a revocable trust offers flexibility, an irrevocable trust serves a very different purpose.

An irrevocable trust generally cannot be changed once it is created. It leads many individuals to ask, “Can an irrevocable trust be changed?” In most circumstances, the answer is no, although limited modifications may be allowed under specific legal conditions.

Because an irrevocable trust removes assets from personal control, it may provide asset protection, Medicaid planning advantages, and tax benefits. However, it also requires surrendering control, which is not appropriate for every individual.

Working with an experienced irrevocable trust attorney is critical when considering this type of trust, because errors are often permanent.

Mistake #5: Not Understanding Why Someone Would Want an Irrevocable Trust

Many individuals dismiss irrevocable trusts without fully understanding why someone would want one. Estate planning attorneys often recommend irrevocable trusts for individuals who seek to protect assets from creditors, preserve wealth for future generations, or plan for long-term care without depleting savings.

Irrevocable trusts may also reduce estate taxes for larger estates. However, these trusts must be structured carefully and aligned with long-term goals. Creating an irrevocable trust without professional guidance remains one of the most serious estate planning mistakes a person can make.

Mistake #6: Ignoring the Disadvantages of Revocable Living Trusts

While revocable trusts are popular, they are not perfect. One commonly overlooked issue involves the disadvantages of revocable living trusts.

A revocable trust does not protect assets from lawsuits or creditors. It requires ongoing maintenance as assets change. It also does not replace the need for other estate planning documents, such as a durable power of attorney or advance healthcare directives.

Estate planning attorneys frequently see a client believe a trust alone is sufficient, only to discover gaps during a medical or financial emergency.

Mistake #7: Using the Wrong Type of Trust for Personal Goals

There are many types of trusts for estate planning, and no single trust fits every situation. Some trusts support minor children, others provide care for a loved one with special needs, and others focus on tax reduction or asset preservation.

Choosing the wrong trust structure may result in loss of benefits, increased taxes, or family disputes. Estate planning attorneys take time to understand a client’s financial circumstances, family dynamics, and long-term goals before recommending a trust strategy.

Mistake #8: Relying on Online Templates or Generic Advice

Online trust templates may appear convenient and affordable, but they often fail to comply with Florida law or address individual circumstances. Estate planning attorneys regularly correct trusts created online that are later found to be invalid, incomplete, or harmful.

Trust planning involves more than documents. It requires strategy, foresight, and careful protection of the people you care about. A poorly drafted trust may create more problems than having no trust at all.

Why Working with Experienced Estate Planning Attorneys Matter

A trust is a powerful planning tool when used correctly and a dangerous one when used improperly. Estate planning attorneys ensure a trust aligns with personal goals, complies with Florida law, and integrates properly with the rest of an estate plan.

From explaining how to set up a revocable trust to advising on complex irrevocable trust strategies, professional guidance may save time, money, and emotional stress.

Frequently Asked Questions About Trusts in Volusia County and Flagler County

Do I need an estate planning attorney to set up a trust in Florida?

Florida law does not require an attorney to create a trust. However, working with experienced estate planning attorneys is strongly recommended. Trust laws are complex, and even small errors may lead to serious problems. The estate planning attorneys at Mara Law, P.A., serving Volusia County and Flagler County, ensure a trust is legally valid, properly structured, and aligned with long-term goals.

What are the different types of trusts used in estate planning?

Common types of trusts for estate planning include

• Revocable living trusts
• Irrevocable trusts
• Special needs trusts
• Testamentary trusts
• Charitable trusts
• Spendthrift trusts

Our estate planning attorneys can help determine which trust or combination of trusts is appropriate.

Is a trust only for wealthy individuals?

No. Trusts are not limited to high-net-worth individuals. Many families in Daytona Beach, Ormond Beach, DeLand, Palm Coast, and the surrounding areas use trusts to avoid probate, protect privacy, and control the distribution of assets. We often recommend trusts for homeowners, blended families, and individuals who seek clarity and control.

How often should a trust be reviewed?

A trust should be reviewed after marriage, divorce, the birth of a child or grandchild, relocation, or significant financial changes. Our estate planning attorneys also recommend reviewing a trust every 3 to 5 years, even without major life changes.

Can a trust help avoid probate?

Yes. Assets properly titled in the name of a trust generally avoid probate court, which may save time, reduce costs, and preserve privacy.

What happens if a person moves to a different Florida county?

A trust generally remains valid after relocation. However, the estate planning attorneys at Mara Law, P.A. often recommend reviewing estate planning documents after a move, especially if new property is acquired.

Can a married couple share one trust?

Yes. Many married couples choose a joint revocable trust. However, this structure is not appropriate for every family. We can help couples determine whether separate trusts or a joint trust better protects personal and family interests.

How does a person begin trust planning in Volusia County or Flagler County?

The first step is speaking with estate planning attorneys who understand Florida law and the local community. At Mara Law, P.A., we assist clients throughout Volusia County and Flagler County, with convenient office locations in Daytona Beach, Ormond Beach, DeLand, and Palm Coast.

Contact Mara Law, P.A. in Volusia and Flagler Counties

Setting up a trust may be one of the most meaningful steps a person takes to protect family and legacy. The mistakes estate planning attorneys see every day are often avoidable with proper guidance. If a person is considering a trust or reviewing an existing plan, speaking with experienced estate planning attorneys may help ensure the trust functions exactly as intended, both now and in the future.

Mara Law, P.A. is a Florida-based law firm focused on estate planning, probate, and trust administration. The firm serves individuals and families throughout Volusia and Flagler Counties, with offices in Daytona Beach, Ormond Beach, DeLand, and Palm Coast. Mara Law, P.A. is known for detailed planning, thoughtful guidance, and a client-centered approach. The firm works closely with each client to create estate plans that are practical, legally sound, and tailored to personal goals. Clients throughout Florida trust Mara Law for professionalism, compassion, and consistent results.

Call Mara Law, P.A. at (386) 672-8081 or complete our online form to schedule a consultation with an attorney who can help you safeguard your legacy. With more than a decade of legal experience, we will do everything to protect your rights and interests while preparing your estate planning documents.