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A Florida Land Trust is a legal entity that holds legal title to real estate or personal property (i.e., vehicles, jewelry, boats and aircraft) in a private and confidential way, keeping the Trustee’s name off public records. This allows for greater privacy and asset protection. In addition, a Florida Land Trust can be used to reduce taxes and avoid probate.

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The person or legal entity who sets up a Florida Land Trust is called the “Grantor” or “Trustor.” The Grantor can be an individual, group of individuals, general partnership, limited partnership, limited liability partnership, revocable or irrevocable trust, FL asset protection trust, or a limited liability company (LLC). The person setting up a Florida Land Trust should be careful to choose a trustee who is not related to them to avoid any conflict of interest and for the sake of confidentiality.

The Grantor enters into a standardized Florida Land Trust Agreement with Exeter Trust Company and names or designates one or more Beneficiaries of the trust. The Beneficiaries can include children, relatives and friends. In some cases, the Florida Land Trust is set up to protect the Grantor from a lawsuit filed against him/her for the use of the land in question. In these situations, the Grantor would be the initial beneficiary but may designate a Successor Beneficiary.