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You want your home on Marco Island, your savings, and the people you love taken care of, without confusion or delay after you are gone. You want your wishes to hold up, and your family to know what happens next.
James R. Nici, a Marco Island trusts lawyer at Nici Law Firm, is board certified in Wills, Trusts & Estates by The Florida Bar, one of fewer than 250 attorneys in Florida with that certification. He has built trust plans for families across Marco Island and the rest of Southwest Florida.
A properly funded trust lets your home, accounts, and investments pass to the people you choose, on your terms, without your family standing in a probate line. Reach out to talk through what a trust could mean for your family and your Marco Island property.
At Nici Law Firm, a Marco Island trusts attorney works with you to build a trust around your property, your family, and your goals. Florida’s Trust Code governs the rules for creating, funding, and running these trusts, and we draft plans with it in mind. We build:
Each of these works differently depending on your family and your property, so the right structure starts with a conversation about your specific situation rather than a form you fill out on your own.
Without a trust, your Marco Island home and other assets typically pass through probate, a court process that can take months and cost your family thousands of dollars. Probate records are also public, so anyone can see what you owned and who inherited it. Florida law adds another layer for homeowners.
Under the state’s homestead rules, the homestead cannot be left to just anyone if the owner is survived by a spouse or a minor child. The homestead may go to the spouse when there is no minor child. This rule applies even when a trust says something different. A trust that ignores it can leave your Marco Island home passing to someone you never intended. This reflects Florida law as of October 2026.
When you work with a Marco Island trusts attorney at Nici Law Firm, careful planning starts with a full picture of your property, your family, and your tax exposure. James Nici uses his tax training to structure trusts around income, estate, and capital gains tax issues, not just who inherits what. He is a Florida Bar Board Certified Specialist in Wills, Trusts & Estates, one of fewer than 250 attorneys in Florida with that certification.
He walks clients through their options using the Strategic Estate Planning System®, so each decision ties back to how it protects your beneficiaries. James R. Nici was admitted to The Florida Bar in 1994, holds an LL.M. in Taxation, and has been named to Super Lawyers every year from 2009 to 2026.
If a trust dispute involving a Marco Island property ever reaches a courtroom, it is heard by the Twentieth Judicial Circuit Court at the Collier County Courthouse, 3315 Tamiami Trail East, Naples, Florida 34112. Careful planning can help keep your family out of that building in the first place.
Clients who have worked with James Nici describe the experience in their own words.
These reviews reflect individual client experiences, and results in any one matter don’t guarantee the same outcome in another.
A will and a trust do different jobs. A will only takes effect through probate, the court process that settles your estate after you die. A properly funded trust can skip probate entirely for the assets inside it, which is why many Marco Island homeowners use both together.
Cost depends on the type of trust and how many assets and beneficiaries are involved. A simple revocable trust for one person costs less than a plan built for a blended family, several properties, or a special needs beneficiary. We can give you a clear number once we understand your situation.
A properly funded revocable trust keeps your Marco Island home and other trust assets out of the probate process at the Collier County Courthouse in Naples. Assets you never transferred into the trust, though, can still end up there, which is why funding the trust matters as much as drafting it.
Yes, as long as your trust is revocable. You keep full control to amend or revoke it at any time while you are alive and have the capacity to do so. An irrevocable trust works differently and generally cannot be changed once it is signed.
Property titled in your name alone in another state usually requires a separate probate case there, on top of anything required in Florida. Moving that property into your trust while you are alive can spare your family a second, out-of-state probate process.
Many clients name themselves as trustee while they are alive and able to manage things, with a spouse, adult child, or trusted professional named to step in later. The right choice depends on your family, your assets, and who you trust to follow your instructions without conflict. If you have a different question about your own situation, reach out and we can go over it directly.
Request your free 30-minute consultation with a Florida Bar Board Certified Specialist in Wills, Trusts & Estates serving Marco Island and Southwest Florida, and our team will reach out to schedule it.
Whether You’re Establishing Florida Domicile, Updating An Existing Plan, Or Navigating Probate, Nici Law Firm Gives
Southwest Florida Families A Clear, Board-certified Path Forward. Schedule Your Planning Session Today.
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