Many people assume that having a will is enough to protect their assets and ensure their loved ones inherit smoothly. However, a will must go through probate, which can be a long, costly, and public process. A Living Trust is an effective estate planning tool that allows you to avoid probate, maintain control over your assets, and provide for your loved ones without legal delays.

At Elderly Care Law Firm, we help Florida families create Living Trusts that offer flexibility, privacy, and security for their future.

What is a Living Trust?

A Living Trust is a legal arrangement where you transfer ownership of your assets into a trust while you are still alive. You continue to manage and use these assets as the trustee during your lifetime, and upon your passing, the assets are automatically transferred to your chosen beneficiaries without going through probate.

There are two main types of Living Trusts:

• Revocable Living Trust – You maintain control over the trust and can make changes at any time.
• Irrevocable Living Trust – Once created, the trust cannot be changed, but it offers stronger asset protection.

Benefits of a Living Trust in Florida

• Avoids Probate – A Living Trust allows assets to be transferred immediately to beneficiaries without going through probate court, which can take months or even years.
• Maintains Privacy – Unlike a will, which becomes public record in probate, a Living Trust remains private.
• Protects Beneficiaries – A Living Trust can set rules on how and when heirs receive their inheritance, preventing reckless spending or financial mismanagement.
• Reduces Family Conflict – Clear instructions help avoid disputes over asset distribution.
• Prepares for Incapacity – If you become unable to manage your affairs due to illness or disability, a Living Trust ensures your assets are managed by a trusted person without requiring court intervention.

How is a Living Trust Different from a Will?

Many people believe a will is enough, but there are key differences:

• A will must go through probate, while a Living Trust avoids probate.
• A Living Trust can take effect while you are still alive, while a will only applies after death.
• A Living Trust maintains privacy, while a will becomes public record.
• A Living Trust provides ongoing management for minor children or disabled heirs, while a will distributes assets immediately.

What Assets Can Be Placed in a Living Trust?

Almost any valuable asset can be placed into a Living Trust, including:

• Real estate (homes, rental properties, land)
• Bank accounts and investments
• Business interests
• Life insurance policies
• Vehicles and valuable personal property

Can a Living Trust Be Changed?

Yes, if you have a Revocable Living Trust, you can update or revoke it at any time. However, an Irrevocable Living Trust cannot be modified once it is created.

Who Should Have a Living Trust?

A Living Trust is beneficial for:

• Anyone who wants to avoid probate and ensure a smooth transfer of assets.
• Homeowners who want their property to pass to their heirs quickly and easily.
• Parents of minor children or special needs dependents who need controlled inheritance distributions.
• Business owners who want a structured succession plan.

How Can an Attorney Help?

At Elderly Care Law Firm, we help individuals and families:

• Create a legally sound Living Trust that protects assets and avoids probate.
• Ensure proper funding of the trust, so assets are correctly transferred.
• Develop customized estate plans that fit their family’s unique needs.

If you want to protect your assets, provide for your loved ones, and avoid probate, call Elderly Care Law Firm at (305) 836-4697 today for a consultation.

Experienced Long-Term Care Planning Attorney in Florida

As we age, planning for long-term care becomes a necessity rather than an option. Many seniors and their families are unprepared for the high costs of nursing homes, assisted living, and in-home care, leaving them struggling to find financial solutions at the last minute. Without a solid plan in place, families may be forced to spend their life savings or lose valuable assets just to cover care expenses.

At Elderly Care Law Firm, we specialize in Long-Term Care Planning to help seniors protect their assets, qualify for financial assistance, and ensure they receive the best possible care without burdening their loved ones.

What is Long-Term Care Planning?

Long-term care planning involves making financial, medical, and legal arrangements to cover the costs of care in the event of disability, chronic illness, or aging-related needs. It includes:

• Evaluating care options (home care, assisted living, nursing homes, memory care facilities).
• Determining how to pay for care through Medicaid, VA benefits, long-term care insurance, or personal savings.
• Protecting assets and income so that a person does not have to spend down everything before qualifying for government benefits.
• Setting up legal protections, such as a durable power of attorney and health care surrogate, so that trusted individuals can make medical and financial decisions if needed.

How Much Does Long-Term Care Cost in Florida?

The cost of long-term care is rising every year. According to the 2025 Genworth Cost of Care Survey, the average costs for long-term care in Florida are:

• Home Health Aide: $5,200 per month
• Assisted Living Facility: $4,500 per month
• Nursing Home (Semi-Private Room): $9,500 per month
• Nursing Home (Private Room): Over $11,000 per month

Many families underestimate how expensive long-term care can be, leading to financial hardship later on.

Does Medicare Pay for Long-Term Care?

No, Medicare does NOT cover most long-term care expenses. While Medicare may pay for short-term rehabilitation in a skilled nursing facility after hospitalization, it does not cover the cost of assisted living, nursing homes, or long-term home care.

To afford long-term care, many families rely on Medicaid planning, VA benefits, or long-term care insurance.

How Can Medicaid Help with Long-Term Care Costs?

Medicaid is the largest payer of long-term care services in the U.S., but it has strict income and asset limits. In Florida, individuals must have less than $2,829 per month in income and less than $2,000 in assets to qualify for Medicaid long-term care benefits in 2025.

However, proper legal planning can help individuals qualify for Medicaid while preserving assets. This includes:

• Setting up Irrevocable Trusts to protect assets.
• Using Medicaid-compliant annuities to shelter income.
• Spending down assets legally without violating Medicaid’s five-year look-back rule.

Without an attorney, many families make costly mistakes that disqualify them from Medicaid benefits.

How Can an Attorney Help with Long-Term Care Planning?

At Elderly Care Law Firm, we help clients:

• Create legal strategies to afford long-term care without losing everything.
• Qualify for Medicaid while preserving assets.
• Develop customized care plans that fit their needs and budget.
• Ensure they have legal protections in place for future medical and financial decisions.

If you or a loved one need help planning for long-term care, call Elderly Care Law Firm at (305) 836-4697 today for a consultation.