I was just named successor trustee. What do I do first?▾
Three things, roughly in order: (1) confirm acceptance of trusteeship in writing; (2) within 60 days, give the qualified beneficiaries the notice required by Fla. Stat. § 736.0813(1)(b) — including the right to request a complete copy of the trust; (3) inventory and secure the trust property and obtain date-of-death valuations. After that, the work moves into tax filings, creditor decisions, and distribution. If any of the first three steps did not happen on time, call us — the fix depends on how late and what has happened in the meantime, but it almost always exists.
I think the previous trustee never sent notice to the beneficiaries. Is that a problem?▾
Yes, often. The 60-day notice in Fla. Stat. § 736.0813 starts important clocks — including the four-year period in § 736.1008 for breach-of-trust claims, which only begins running for a beneficiary once they receive the notice and a copy of the trust. A trustee who has never given the notice may have unlimited exposure for actions taken during that period. We routinely fix this by sending compliant notice immediately — even years late — and by working with the trustee on a strategy for any actions taken before notice was given.
Does a revocable trust completely avoid probate?▾
It avoids probate for every asset that was actually titled in the trust during the grantor's life — that is the key. We routinely see trusts with the deed to the home transferred to the trust, but the bank accounts, brokerage accounts, vehicles, and life-insurance beneficiary designations never updated. Those untitled assets still go through probate (often a Summary Administration), and the trust handles only the assets that were funded into it. Trust funding — the act of retitling assets into the trust during life — is half the value of the planning.
Do trusts really protect assets from creditors?▾
A revocable trust does not protect the grantor's assets from the grantor's creditors during life — assets in a revocable trust are still treated as the grantor's for creditor purposes. After the grantor's death, the trust assets are exposed to the grantor's creditors for up to two years unless the trustee publishes a Notice to Creditors and Notice of Trust under Fla. Stat. § 736.05055. Irrevocable trusts (for example, properly structured spendthrift trusts under Fla. Stat. § 736.0502) can offer meaningful asset protection for beneficiaries — but the rules are technical and the protection only works if the structure is correct from the start.
Can a beneficiary force the trustee to provide a copy of the trust?▾
Yes. Qualified beneficiaries have a statutory right under Fla. Stat. § 736.0813 to request a complete copy of the trust instrument. The trustee must comply within a reasonable time. A trustee who refuses can be ordered to produce the trust by the court and may be removed for the refusal alone.
How long does trust administration take?▾
A simple trust with marketable assets, no creditor concerns, no tax return required, and a cooperative beneficiary group can wind up in three to six months. Trusts with real estate to sell, business interests to value, federal estate-tax returns to file, contested distributions, or out-of-state real property routinely run 12–24 months. We give a written timing estimate at the consultation based on the specific trust and family situation.
What does trust administration cost?▾
Attorney's fees for trust administration are governed by Fla. Stat. § 736.1007, which provides a reasonable-fee framework similar to (but not identical to) the probate statute. Trustee compensation is governed by § 736.0708. We typically quote a flat fee or a structured fee for the routine administration tasks (notices, accountings, distribution) and a separate hourly fee for any contested matters or unusual transactions. You will know the structure before any work begins.
Can a trust be changed after the grantor dies?▾
Sometimes. Florida law permits judicial modification of an irrevocable trust when circumstances unanticipated by the grantor justify it (Fla. Stat. § 736.04113), modification with the consent of all qualified beneficiaries (Fla. Stat. § 736.04114), decanting from one trust into a new one with different terms (Fla. Stat. § 736.04117), and termination of small uneconomic trusts (Fla. Stat. § 736.0414). We use these tools regularly to fix drafting errors, respond to tax-law changes, and address situations the original drafter could not have foreseen.
