In this episode of Ask Joe, Attorney Joe Seagle clears up one of the most common misconceptions in estate and asset protection law—the difference between a revocable living trust and a Florida land trust. While a revocable living trust is designed primarily for estate planning and probate avoidance, it often still ties your name directly to the trust, limiting privacy. A land trust, on the other hand, is purpose-built for real estate, offering anonymity by keeping your name off public records, segregating liability between properties, and protecting your assets from unnecessary exposure. Joe also explains how successor beneficiaries can still inherit seamlessly under a land trust, combining both privacy and efficiency without the bulk or expense of a living trust.
By understanding when and how to use these different tools, real estate investors, families, and business owners can better protect their assets while ensuring smooth estate transitions.
Show Transcript:
Did you know there’s a difference between a revocable living trust and a land trust?
Hey, this is Joe Seagle, your real estate asset protection attorney here in Orlando, Florida. I want to talk about the difference between these two types of trusts because a lot of people get them confused.
A revocable living trust is commonly used for estate planning and in Florida, it falls under Chapter 736 of the Florida Statutes. A land trust, on the other hand, falls under Chapter 689. While it can also be used for estate planning, its primary purpose is anonymity and asset protection—helping you keep your real estate holdings private and separated from one another and from you personally.
In a revocable living trust, your name usually appears as both the trustee and in the trust’s name (for example, “The Smith Family Trust”). That means there’s no real privacy—your ownership is public. With a land trust, however, you typically appoint a third-party trustee—like My Land Trustee—whose name appears on public records instead of yours. The trust itself is usually named after the property or assigned a number, giving you complete privacy.
Another difference is scope. A revocable living trust manages all types of assets—bank accounts, investments, vehicles, even cryptocurrency—and it includes detailed instructions for incapacity or death. A land trust, by contrast, focuses specifically on real estate located in Florida.
Land trusts are simpler and much shorter—often just a few pages—whereas revocable living trusts can run 60, 80, or even hundreds of pages. They also cost significantly more to draft and maintain.
Both types of trusts can name successor beneficiaries, so when you pass away, your property or assets transfer automatically to those you’ve named. That’s one similarity—but otherwise, their purposes and protections are very different.
So, don’t get caught up in the confusion. Work with professionals who understand the distinction between a revocable living trust and a land trust—like our team at My Land Trustee. We can help you set up your land trust, and our law firm, Aspire Legal Solutions, can assist with estate planning, living trusts, and more to ensure your assets are protected and your legacy is secure.
Visit MyLandTrustee.com, email us at hello@mylandtrustee.com, or give us a call—we’re here to help.
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March 11th at 6:00 pm
