There’s a myth floating around cocktail parties and coffee shops that Florida trusts are only for the ultra-wealthy—the dynastic parents with gated driveways and idle heirs. It’s nonsense. Whether you’re child-free, single, or simply planning for your own security, a well-crafted trust might be the smartest legal decision you ever make.

Financial expert Suze Orman recently told MSN that people without children may actually need trusts more than those who have them. Why? Because trusts don’t just pass wealth down—they protect it for you while you’re alive. In Florida, where hurricanes, health crises, and sudden incapacity can upend lives overnight, control is everything.

The Dangerous Gaps in Joint Ownership

Many couples in Jupiter or Palm Beach Gardens assume that joint ownership of their home is enough to protect each other. You own the house together—so what could go wrong? Plenty.

Let’s say your spouse becomes incapacitated after a stroke or accident. You own your home as “Joint Tenants with Right of Survivorship” (JTWROS). If one of you passes away, yes—the survivor automatically owns the home outright. But if one spouse is alive yet unable to act, the healthy spouse can’t sell or refinance without first going to court to establish a conservatorship.

Imagine needing to move closer to family or a care facility—and being told you can’t sell your own home without judicial approval. The time, expense, and stress of that process can be brutal. A properly drafted revocable living trust sidesteps that completely.

When Powers of Attorney Aren’t Enough

You might think, “We already have powers of attorney. We’re covered.” Not necessarily.

Here’s the Florida reality: many banks and brokerage firms reject powers of attorney if the forms are “too old,” “not on their letterhead,” or “require additional verification.” Some even insist the incapacitated person re-sign them—which, of course, they can’t.

Even when valid, powers of attorney can be delayed or challenged, creating costly downtime when bills still need to be paid and accounts still need to be managed.

A trust fills that gap by making control automatic. When one spouse or partner becomes incapacitated, the other can immediately act as trustee—no court, no argument, no waiting.

The Hidden Benefit: Incapacity Planning

Most people think of trusts as death documents. But the most powerful part of a Florida living trust kicks in while you’re still alive.

If one spouse is incapacitated, the other seamlessly steps in as sole trustee. If both spouses are incapacitated—say, after a car accident or illness—the trust names a successor trustee (a family member, close friend, or professional) to immediately manage affairs.

Contrast that with having no trust at all. Without one, a judge must appoint a guardian, a process that can take months and cost thousands in attorney’s fees. With a trust, the person you choose steps in instantly, keeping your bills paid and your property secure.

Why Trusts Matter Even More for the Child-Free

For Floridians without children, the stakes are even higher. If you become incapacitated or pass away, who steps in? Without a trust, the answer may be a stranger appointed by the court.

A trust allows you to name a person—or even a professional fiduciary—you actually trust to make financial and health decisions consistent with your values. It gives your chosen successor the legal authority to manage your affairs without court involvement.

For example:

• A single retiree in Jupiter might name her niece in Naples as successor trustee, ensuring someone she knows can immediately handle her property if she’s hospitalized.

• A widowed businessman in Palm Beach Gardens might name his CPA as trustee to manage investments and bills during any period of incapacity.

These are not hypothetical headaches—they’re real Florida cases seen every year.

Beyond Control: Privacy and Probate Avoidance

In Florida, probate is a public process. When someone dies without a trust, their will becomes part of the public record, along with an inventory of their assets. Anyone can look it up. A trust, however, remains private.

For individuals who value discretion—especially retirees, professionals, or those with business or investment assets—a trust is the legal equivalent of drawing the blinds. It keeps your estate, finances, and beneficiaries confidential while ensuring your wishes are executed efficiently.

The Peace of Mind Factor

Even without children, you still have something worth protecting—your independence. A trust ensures that if you ever lose capacity, your bills are paid, your investments managed, and your property cared for exactly the way you’d want.

As Suze Orman said, “A trust gives you control when you can no longer speak for yourself.” For Floridians, that control can mean the difference between a smooth transition and a drawn-out courtroom battle.

Whether you’re a single professional in Jupiter, a retired couple in Tequesta, or a widow in Palm Beach Gardens, a Florida trust gives you certainty—and certainty is priceless.

The Welch Law Perspective

At Welch Law, PLLC, we help clients in Jupiter and across Palm Beach County design living trusts that fit their lives—not just their legacies. Every trust we build is tailored to Florida’s unique laws, offering protection during incapacity, privacy after death, and peace of mind throughout.

By:  Edward J. Welch, Esq. ||| Estate Planning | Wills | Trusts | Asset Protection | Welch Crypto Trust™

If you would like to discuss your legacy options with an estate planning attorney in Jupiter or Palm Beach Gardens, Florida, schedule a complimentary call with Edward J. Welch at Welch Law, PLLC.  At Welch Law, WE WANT TO DRAFT YOUR LEGACY!

Reference: MSN (Sep. 8, 2025) “3 Reasons You Still Need a Trust, Even Without Kids, According to Suze Orman”