The Short Answer

In Florida, you can usually still access and use assets you place into your own revocable trust because you typically remain in control as the settlor (and often the trustee). However, whether you can “borrow against” trust assets depends on the specific asset (home, brokerage account, bank account) and whether a lender will accept trust-owned collateral under your trust’s terms and documentation.

What Florida Law Says

Florida treats a revocable trust as effectively under the settlor’s control during the settlor’s lifetime. That means the trustee’s legal duties run to the settlor, and the trustee can generally follow the settlor’s directions while the trust remains revocable. Practically, this is why most people can still sell, refinance, or move assets in and out of a revocable trust—so long as the trust document and the institution holding the asset will honor the transaction.

The Statute

The primary law governing this issue is Fla. Stat. § 736.0603.

This statute establishes that while a trust is revocable, the trustee’s duties are owed exclusively to the settlor, and the trustee may follow the settlor’s direction (even if it is contrary to the trust’s terms in certain circumstances).

One important caution: putting assets into a revocable trust generally does not shield them from your creditors during your lifetime. Florida law specifically provides that property of a revocable trust remains subject to the settlor’s creditors to the same extent as if the settlor owned it outright.

Fla. Stat. § 736.0505 states that the property of a revocable trust is subject to the claims of the settlor’s creditors during the settlor’s lifetime (to the extent the property would not otherwise be exempt if owned directly).

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Trust and estate issues often intersect with creditor-claim timing after death (and trustees commonly avoid distributions until creditor issues are addressed), which can affect planning decisions and liquidity.
• Burden of Proof: If a transaction is challenged later (by family members, beneficiaries, or creditors), the paper trail matters—who had authority, whether the trust permitted the action, and whether the trustee complied with fiduciary duties.
• Exceptions: Certain assets (like homestead, retirement accounts, and institution-controlled accounts) can have special rules or practical restrictions; lenders and banks may require specific trust powers, certifications, or titling to allow loans, refinances, or pledges of collateral.

Trying to handle this alone can lead to rejected refinancing/loan paperwork, unintended tax or creditor consequences, or disputes that become expensive to fix later.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.