№ TAMPFL
Diane Crawford
Crawford Estate & Trust Law
Elder LawTax LawEstate Planning
- City
- Tampa
Estate Planning · Sub-Practice
Wills & Trusts
A will tells the world who you are. A trust makes sure they never have to fight about it.
§ Overview
What your case actually involves.
Wills and trusts are the foundation of every estate plan — yet most Americans die without either. The result is not the government getting your assets; it is your family spending years in probate court deciding it for them.
A will is a legal document that directs how your assets are distributed after death, names guardians for minor children, and designates an executor to manage your estate. Without a will, your state's intestacy laws decide who inherits — which may not reflect your wishes. A trust is a legal arrangement in which one party (the trustee) holds assets on behalf of another (the beneficiary). Revocable living trusts are the most common estate planning vehicle: they avoid probate entirely, allow assets to transfer immediately to heirs, keep the process private, and can be modified at any time during your lifetime. Irrevocable trusts offer additional benefits like asset protection and estate tax minimization but cannot be changed once established. Most estate plans use both — a pour-over will that catches any assets not yet in the trust, and a living trust as the primary transfer vehicle.
§ Key documents in this area
- ▸Last will and testament — directs asset distribution and names guardians for minors
- ▸Revocable living trust — avoids probate, transfers assets immediately and privately
- ▸Pour-over will — captures assets not transferred to the trust during life
- ▸Irrevocable trust — for asset protection, Medicaid planning, or estate tax reduction
- ▸Testamentary trust — created within a will to manage assets for minor or disabled beneficiaries
- ▸Special needs trust — preserves government benefits for beneficiaries with disabilities
§ How attorneys approach this
- ›Inventory of all assets — real estate, financial accounts, retirement accounts, insurance
- ›Identifying beneficiaries and contingent beneficiaries for each asset category
- ›Choosing a trustee and successor trustee for any trust documents
- ›Naming an executor for the will and a guardian for minor children
- ›Retitling assets into the trust name to ensure probate avoidance
- ›Coordinating beneficiary designations on accounts and insurance with the overall plan
“The most common estate planning mistake is not the absence of documents — it is failing to fund the trust. A revocable living trust that exists on paper but has no assets titled in its name does nothing. Real estate, financial accounts, and business interests must be retitled into the trust's name during your lifetime. Attorneys who draft the documents and then leave asset funding to the client routinely leave estates in the exact same probate situation a trust was designed to avoid. A complete estate plan includes the retitling process — ask your attorney specifically who handles that step.”
§ What to look for in an attorney
- 01Comprehensive estate plan — not just a will, but trusts, powers of attorney, and healthcare directives
- 02Proactive advice on titling assets and updating beneficiary designations
- 03Experience with blended families, minor children, or beneficiaries with special needs
- 04Flat-fee pricing for estate plan packages — predictable costs matter here
- 05Regular review process — estate plans should be updated every 3–5 years or after major life events
- 06State-specific expertise — estate laws vary significantly by jurisdiction
⚖️
§ Ask these at your consultation
6 questions that matter
- ❓Should I use a will, a living trust, or both — and what's the difference in my state?
- 💰How do I make sure my assets actually go into the trust and avoid probate?
- 🔍What happens to my estate if I die without updating the plan after a divorce or remarriage?
- 📋How do I structure the plan to protect assets for minor children or a child with disabilities?
- 💬What is your fee for a complete estate plan, and what does it include?
- 💡How often should I review and update the plan as my situation changes?
§ Frequently asked questions
Common questions about wills & trusts.
Q 01
What happens if I die without a will in my state?
Your estate passes under your state's intestacy laws, which divide assets among your closest living relatives in a fixed order — typically spouse, children, parents, siblings. This may not reflect your wishes. Common problems: a live-in partner receives nothing; stepchildren receive nothing; assets meant for one child go equally to all; guardianship of minor children is decided by a court rather than your expressed preference. Dying without a will also guarantees probate.
Q 02
Does a living trust really avoid probate — or do my heirs still have to go to court?
A properly funded living trust genuinely avoids probate. Assets held in the trust name transfer directly to beneficiaries according to the trust terms without court involvement. However, "properly funded" is critical — assets not titled in the trust's name at death must pass through probate regardless. Your attorney should help you fund the trust during the estate planning process, not just draft the document.
Q 03
I'm married. Do we each need separate estate plans?
Married couples typically create coordinated estate plans, often with mirror or joint trust documents. Both spouses need individual wills, powers of attorney, and healthcare directives. Many couples use a joint revocable living trust, which simplifies administration. If you have significant separate property, a blended family from previous relationships, or substantial assets, individual trusts may be more appropriate. An estate planning attorney will evaluate your specific situation.
Q 04
My spouse and I disagree on guardianship for our children — what do we do?
This is one of the most emotionally challenging parts of estate planning. If you cannot agree, the court decides — and the result may satisfy neither of you. An estate planning attorney can help facilitate the discussion and explain the legal framework for guardianship appointments. It is far better to make a difficult but consensual decision now than to leave it to a court proceeding during an already devastating time for your family.
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