Testamentary Trust Attorney in Pembroke Pines, Florida

A testamentary trust is a legal arrangement created inside a Last Will and Testament that takes effect after the person who wrote the will passes away. It gives Florida families a way to control how, when, and to whom their assets are distributed, long after they are gone.

Carol L. Grant, P.A. helps individuals and families in Pembroke Pines and throughout South Florida create testamentary trusts that reflect their wishes and protect the people they love most. With decades of legal experience and a background in both law and elder care advocacy, Carol works with each client personally to build a plan that is clear, practical, and built to last. If you are ready to take the next step, schedule a consultation today.

What Does Creating a Testamentary Trust Involve?

Setting up a testamentary trust is part of the broader estate planning process. Carol guides each client through every step clearly and without unnecessary legal jargon.

Step 1: Initial Consultation

Carol begins by getting to know you, your family, your assets, your goals, and any concerns you have about the future. This conversation shapes the entire plan. She listens carefully before recommending any specific documents or structures.

Step 2: Drafting the Will and Trust Language

A testamentary trust does not exist as a separate document. It is written directly into your Last Will and Testament. Carol drafts the trust language to name the trustee, identify the beneficiaries, outline distribution conditions, and address what happens when the trust ends. Every word is intentional.

Step 3: Review and Signing

Once the draft is ready, Carol walks you through it in plain language to make sure it reflects exactly what you want. The will is then signed according to Florida's legal requirements, including proper witnesses and notarization.

Step 4: Ongoing Updates

Life changes. Carol encourages clients to revisit their estate plan when major life events occur, a birth, a death, a divorce, a significant change in assets. A testamentary trust can be updated at any time by amending or replacing the will.

Benefits of a Testamentary Trust

Control Over Timing and Conditions

A testamentary trust lets you decide not just who gets your assets, but when and under what circumstances. You can require that funds be used for education, set a minimum age for full distribution, or release assets in stages. That level of structure is not possible with a simple outright bequest in a will.

Protection for Minor Children

Florida law does not allow minors to directly own significant assets. Without planning in place, a court-appointed guardian of the property manages those assets until the child turns 18. A testamentary trust keeps that control with a trustee you select, someone you trust to act in your child's best interest.

Support for Beneficiaries with Special Needs

A properly drafted testamentary trust can provide ongoing financial support to a person with disabilities without disqualifying them from SSI, Medicaid, or other public assistance programs. This is a meaningful distinction that a basic will cannot accomplish. Learn more about Special Needs Trusts and related planning options.

Flexibility Within Your Will

Because a testamentary trust lives inside your will, you retain full control of your assets during your lifetime. Nothing is transferred or restricted until after your death. This makes it a lower-commitment option compared to a revocable living trust, while still offering significant post-death control.

Trustee Oversight

You choose who serves as trustee, a family member, a close friend, or a professional fiduciary. The trustee is legally bound to manage and distribute assets according to the terms you set, adding a layer of accountability that a direct inheritance does not provide.

Why Choose Carol L. Grant, P.A.?

Carol L. Grant has dedicated her legal career to helping Florida families protect what matters most. Her background in both law and nursing gives her a distinct perspective on the human side of estate planning, the emotions, the family dynamics, and the very real stakes involved.

She does not hand clients off to junior associates. Every client works directly with Carol, and every plan is built from scratch around that family's specific needs and goals.

Carol is a trusted resource for financial advisors, social workers, and geriatric care professionals across South Florida. Her reputation is built on relationships, not transactions.

Clients consistently describe Carol as knowledgeable, patient, responsive, and genuinely caring:

"Carol has become my guide through the maze of all matters associated with estate planning. She is a knowledgeable, patient, and kind coach who did not push, but listened to my concerns and gently pointed me in the right direction.", Delton McDonald, 5-star Google review

"She was knowledgeable, trustworthy and experienced. I left that office with a peace of mind.", Phyllida Watson, 5-star Google review

"Carol was relentless. She worked to find solutions and guided us with confidence and ease.", Tracey Kron, 5-star Google review

Areas We Serve

Our office is located in Pembroke Pines, and we proudly serve families throughout Broward and Miami-Dade counties, including:

No matter where you live in the region, we're here to help you build a plan that can protect your family and reflect your values.

Frequently Asked Questions About Testamentary Trusts in Florida

What is a testamentary trust in Florida?

A testamentary trust in Florida is a trust created within a Last Will and Testament that becomes active only after the person who wrote the will passes away and the will is admitted to probate. It names a trustee to manage and distribute assets to specific beneficiaries under the conditions outlined in the will. Unlike a revocable living trust, a testamentary trust does not avoid probate, it is created through the probate process. It is a well-suited option for parents of minor children, individuals with blended families, or anyone who wants structured control over how their estate is eventually distributed.

How is a testamentary trust different from a revocable living trust?

A testamentary trust is created inside a will and takes effect only after death, following probate. A revocable living trust is set up during your lifetime, holds assets before death, and allows those assets to pass outside of probate. The right choice depends on your goals. If avoiding probate is a priority, a revocable living trust may be the better fit. If you want to keep full control of your assets during your lifetime and simply add structured distribution terms for after your death, a testamentary trust can accomplish that within your will. Carol can help you understand which option makes the most sense for your family. Visit the estate planning page to learn more.

Does a testamentary trust go through probate?

Yes. A testamentary trust does not bypass probate, it is created through the probate process. The will must be admitted to probate before the trust can be activated and funded. Once the trust is funded, the trustee manages the assets outside of court according to the terms in the will. Clients who want to avoid probate entirely may want to consider a revocable living trust or other probate-avoidance strategies. Carol can walk you through both options so you can make an informed decision.

Who should be named as trustee?

The trustee should be someone you trust completely to manage money responsibly and act in the best interest of your beneficiaries. This can be a family member, a close friend, or a professional fiduciary. It is a good idea to name a successor trustee in case the primary trustee is unable or unwilling to serve. Carol discusses this decision carefully with every client because the right trustee can make a significant difference in how well the trust works for your family over time.

Can I change a testamentary trust after it is created?

Yes, as long as you are still alive and mentally competent. Because the trust is written into your will, you can update it at any time by amending your will or executing a new one. The trust itself does not take effect until after your death, so you retain full flexibility to make changes as your family situation evolves. Carol recommends reviewing your estate plan after any major life change, including births, deaths, marriage, divorce, or a significant shift in your financial situation.

How long does a testamentary trust last?

The duration of a testamentary trust depends on what the grantor specifies in the will. Some trusts end when a beneficiary reaches a certain age. Others last until all assets have been distributed. A trust created for a beneficiary with special needs may last for that person's lifetime. Florida law does impose limits on how long a trust can remain in effect under the rule against perpetuities, but for most family situations, those limits do not come into play. Carol can help you set a timeframe that makes sense for your specific goals.

What happens to assets in a testamentary trust if the beneficiary dies?

The will should address this directly. A well-drafted testamentary trust includes provisions for what happens to remaining assets if a beneficiary passes away before the trust ends. Those assets might go to a secondary beneficiary, be distributed to the beneficiary's heirs, or return to the general estate. Without clear language, this situation can create legal complications. Carol makes sure every testamentary trust she drafts accounts for these contingencies so your intentions are followed no matter what happens.

How much does it cost to create a testamentary trust in Florida?

The cost depends on the complexity of your estate plan and what documents are needed. A testamentary trust is included as part of a complete will, so the cost is typically tied to the overall estate planning engagement rather than billed separately. Carol offers an initial consultation to understand your needs and provide a fee quote specific to your situation. There are no hidden fees, and Carol is transparent about what is included from the start. Schedule a consultation to get started.

Is a testamentary trust right for my family?

A testamentary trust is a strong fit for families where outright distribution of assets is not ideal, particularly when minor children, young adults, blended family dynamics, or a beneficiary with special needs are involved. It is not right for everyone, and it is not always the only option. The best way to know whether it fits your situation is to have a direct conversation with Carol. She will ask the right questions, explain your options clearly, and help you choose the approach that genuinely works for your family. Learn more about your options on the estate planning page.

Schedule Your Consultation

Carol L. Grant, P.A. helps families in Pembroke Pines and across South Florida create testamentary trusts and complete estate plans that give them confidence in the future.

If you are ready to protect your family and put a real plan in place, Carol is ready to help.

Call (954) 404-8274 or book your estate planning consultation online.

Carol L. Grant, P.A. 1601 N. Flamingo Road, Suite 1 Pembroke Pines, FL 33028