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Is your trust actually holding anything?

Zacharia Frey PLLC. Updated November 2026.

Often not. A revocable trust controls only what is titled in it or payable to it. Many trusts we see have blank schedules, and accounts opened or homes bought after the move were never retitled. Real estate still owned in your old state can require a separate probate there unless the trust holds it.

What we find

Schedules left blank. The Florida home bought in your own names, or in one spouse's trust. Brokerage accounts opened in Florida in individual names. A summer house in the old state still titled to you personally.

Retirement accounts, annuities, and life insurance pass by beneficiary designation, outside the will and trust entirely. If the designation is out of date, the plan does not reach the money.

Property you still own up north

When a Florida resident dies owning real estate in another state, that state usually requires its own court proceeding, called ancillary administration, under its own law. A deed into your trust while you are living generally avoids it. Some states also tax real estate located there even when the owner lived in Florida.

How we Floridize it

We map what you own, how it is titled, and who is named on each designation, then show where each asset would go at the first death and at the second. You leave with funding letters and deeds, so the plan holds what it is supposed to hold.

How this shows up on a scorecard

  • Will Not WorkTrust schedule blank; Florida accounts in individual names.
  • Works With FrictionCape Cod cottage still titled to both spouses individually.

Illustrations, not real clients.

Common questions

Does having a trust mean I avoid probate?
Only for assets the trust actually holds or that are payable to it. Anything left in your individual name may still go through probate.
Will my house in another state go through probate there?
Usually, if it is in your individual name when you die. Deeding it into your trust while you are living generally avoids that second proceeding.

General information about Florida law, not legal advice for your situation. Reading it does not create an attorney-client relationship.

Find out where your plan stands.

Call us to start a Floridize Review, or send us a note and we will call you.