Boat & Jet-Ski Owners: Trusts to Keep Summer Fun Afloat
- Absolute Law Group
- 16 minutes ago
- 4 min read
Boat and jet-ski trust arrangements are the unsung anchor of a carefree waterfront lifestyle. Without them, an unexpected death, lawsuit, or title snag can beach your favorite toys faster than a sudden thunderstorm. Below you’ll find a mid-summer playbook—written for Florida families and snowbirds alike—showing how a boat and jet-ski trust can safeguard the Sea-Ray, the WaveRunner, and every sunset cruise in between.
1. Why bother with a boat and jet-ski trust?
Probate avoidance. Vessels titled to a revocable or irrevocable trust pass to heirs immediately, skipping months of probate delays and court fees. investopedia.com
Privacy. Trust ownership keeps purchase price, hull ID, and beneficiary names out of public databases. milvidlaw.com
Continuous use. Successor trustees can refuel, insure, or even rent the craft the same week an owner dies—no frozen titles.
Liability insulation. Combined with an LLC “wrapper,” a boat and jet-ski trust can wall off lawsuits stemming from collisions or personal-watercraft injuries. trustedchoice.com
2. Choosing the right boat and jet-ski trust flavor
Trust Type | Best For | Key Upside | Possible Drawback |
Revocable Living Trust | Weekend skippers under estate-tax threshold | Easy to amend, keeps homestead tax portability for live-aboard boats | Offers no asset-protection until settlor’s death |
Irrevocable Asset-Protection Trust | High-net-worth owners worried about lawsuits | Shields equity from creditors after the statute of limitations | Loss of control; must name independent trustee |
Charitable Remainder Trust | Owners planning to donate vessel after final voyage | Income stream during life + big charitable deduction | Must satisfy strict payout formulas |
Dynasty Trust with LLC | Families with multiple heirs who co-own a fleet | Creates voting rules and buy-out formulas inside LLC | Higher legal fees up front |
“Should your yacht be in a trust? In many cases, yes—especially if you want it to glide to your heirs without tax or title drama,” notes AmeriEstate Legal Plan. ameriestate.com
3. Titling Florida vessels to a boat and jet-ski trust
Florida treats a trust as its own entity. To register a vessel in the trust’s name you must:
Complete Form HSMV 82040 VS (Application for Certificate of Vessel Title).
Submit either the first and trustee pages of the trust or a Certification of Trust that lists powers and successors. flhsmv.gov
Show a bill of sale or builder’s statement for proof of ownership. flhsmv.gov
The printed title will read something like “Sunset Harbor Trust, John Doe Trustee.” Keep a laminated copy on board; marine patrols rarely settle for a digital PDF on your phone.
4. Registering a trust-owned vessel with the U.S. Coast Guard
If your boat is 26 feet or longer and cruises international waters, Coast-Guard documentation beats state registration. File Form CG-1258 and list the trustee as the managing owner; the Coast Guard explicitly recognizes trust arrangements as long as the trustee’s Tax ID appears on the application. dco.uscg.mil
Tip: Match the trust name on the Coast-Guard Certificate of Documentation to the one on your Florida title to avoid lien-recording hiccups.
5. Insurance tweaks for a boat and jet-ski trust
Hull and PWC policies must name the trust and the trustee as insureds; otherwise, claim checks may be issued solely to the individual.
Most carriers provide free liability protection up to $500,000, but umbrella policies can extend to $5 million—critical when a Jet-Ski collides with a swim platform. trustedchoice.com
Tell the insurer if the vessel will be chartered; commercial use voids many pleasure-craft policies.
6. Dockage, mechanics’ liens, and fuel-dock signatures
Florida marinas often require the titled owner’s signature on storage contracts and fuel tabs. Supply the dockmaster with:
A trustee authorization letter on trust letterhead.
A copy of the Certificate of Trust showing signature authority.
Doing so prevents a fuel-dock clerk from refusing service because they don’t see your name on the hull-side registration decal.
7. Tax angles every boat and jet-ski trust should track
Sales and use tax. Florida’s 6 % applies unless the vessel exits state waters within 90 days. A trust doesn’t erase the tax but can delay it if structured with a valid non-resident affidavit.
Step-up in basis. Assets inside a grantor trust receive a new basis at the owner’s death—valuable if you plan to sell the vessel post-inheritance.
Depreciation. Charter vessels inside an irrevocable trust may claim MACRS deductions, but only if the trust has an EIN and files Form 1041. Consult a maritime CPA.
8. Summer-Ready Action Checklist
Date | Boat & Jet-Ski Trust To-Do | Who Handles It |
July 15 | Record vessel title transfer to trust at county tax collector | Estate attorney |
July 18 | Submit CG-1258 with trustee listed as managing owner | Documentation service |
July 20 | Notify insurer; add trust as additional insured | Insurance agent |
July 22 | Update marina contract with trustee letter | Boat captain |
July 25 | Draft LLC operating agreement if multiple heirs | Attorney + family |
July 30 | Photograph all Hull ID plates & store in cloud vault | First mate or teen crew |
Complete these six tasks and your boat and jet-ski trust will be watertight before the next offshore fishing run.
9. Frequently floated questions
Can I still personally drive the vessel after transferring it to a boat and jet-ski trust?Absolutely. As trustee you retain full helm privileges unless the trust document says otherwise.
Will a boat and jet-ski trust protect me from a personal-injury lawsuit?Not by itself. For asset protection, combine the trust with an LLC and high-limit liability policy.
Do I need a separate boat and jet-ski trust for each craft?One umbrella trust works, but many clients create sub-trusts or single-member LLCs beneath the master trust to simplify future sales.
Final wake-note
A boat and jet-ski trust is more than legal paperwork—it’s the life jacket for your legacy. By titling your vessel to a compliant trust, documenting it with the Coast Guard, fine-tuning insurance, and setting clear heir-usage rules, you ensure that summer memories stay afloat long after today’s tan lines fade.
Ready to launch your own boat and jet-ski trust before hurricane season? Drop anchor at Absolute Law Group for a custom vessel-trust package and keep the good times, and the good tides, rolling.
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