When the person who created a trust passes away, the successor trustee steps in to manage and distribute the trust’s assets. It’s an important job with real legal duties, and many trustees are family members doing it for the first time. Sawyer & Sawyer, P.A. helps trustees in Windermere carry out the trust’s terms correctly, and helps beneficiaries understand what to expect.
A Trustee’s Duties in Florida
- Follow the terms of the trust
- Act in the beneficiaries’ interests, not your own
- Keep beneficiaries informed and provide trust accountings
- Keep trust assets separate and invest them prudently
- Keep accurate records of everything that comes in and goes out
When a revocable trust‘s creator passes away, Florida law also requires the trustee to file a notice of trust with the court in the county where that person lived.
What Trust Administration Involves
Trust administration usually includes taking inventory of the trust’s assets, notifying beneficiaries, paying valid debts, expenses and taxes, managing property and investments along the way, and making distributions under the trust’s terms. Because assets held in a trust generally avoid probate, the process is usually faster and more private than settling an estate through the court.
Trust Administration in Windermere
Nearly 1 in 4 Windermere residents is 65 or older. Once a person who set up a revocable trust has died, the successor trustee they chose takes over and carries out the trust’s terms.
If the trust holds the family home, Florida’s homestead rules still come first. Someone who is married or has minor children can’t simply leave the home to whomever they choose, and the Florida Constitution gives a surviving spouse at least a life estate in it, regardless of what the trust says.
Windermere is in Orange County, so the notice of trust for a revocable trust goes to the Orange County Courthouse in downtown Orlando. We can help Windermere trustees with that filing, with the homestead rules and with settling the trust in order.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: Trustee Selection Secrets: What Every Family Needs to Know Before Signing
Is “keeping things equal” always the right approach when naming a trustee? Not always, says attorney Tom Moss. He explains on Life, Legacy & Wealth how that instinct can actually breach the peace in a family. The trustee chosen today is the one who will later carry out the trust’s terms and make its decisions, so the choice deserves more thought than a simple wish to keep things even.
Why Windermere Families Work With Sawyer & Sawyer
Sawyer & Sawyer, P.A. is a family firm that has served Central Florida since 1994. We treat every client as an extension of our family, and we focus on people before the paperwork.
- Cary L. Moss, Esq., Managing Partner. Concentrates on estate settlement, probate, trust administration, long-term care planning and estate planning. Served five years on the Board of Directors of the Academy of Florida Elder Law Attorneys, including a term as president.
- Thomas P. Moss, Esq., Senior Attorney. Focuses on estate planning, guardianship and estate settlement. Former Co-Chair of the Orange County Bar Association’s Estate, Guardianship and Trust Law Committee.
Our office at 8913 Conroy Windermere Road in Orlando is about 5 minutes from Windermere.
Frequently Asked Questions
Does a trust go through probate in Florida?
Assets properly held in the trust generally don’t. Assets left in the person’s own name may still need probate, which is why funding the trust matters.
What happens to a revocable trust when the person who created it dies?
It becomes irrevocable, so it can no longer be changed at will. It gets its own tax ID number and settles final debts. The successor trustee can often step in right away with a death certificate, rather than waiting weeks or months for court approval. The trust then either distributes assets outright or keeps holding them for a beneficiary who needs ongoing protection.
What should we look for in a trustee?
More than love. A good trustee is organized, good with money, compassionate, fair but firm, available, and willing to listen to CPAs and attorneys. Always ask before naming someone; never assume they’re willing. Be careful with anyone who isn’t a U.S. citizen or who lives abroad, since that can create serious tax problems. And name backups, since a trust can last decades.
Related Reading
- Who Should Be Your Trustee? What Families Get Wrong — and How to Get It Right
- What Is a Trust in Florida?
- Irrevocable Doesn’t Mean Unchangeable
Other Services in Windermere
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Guardianship · Medicaid Planning · Windermere
Trust Administration Across Central Florida
Orlando · Winter Garden · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Windermere
Talk to a Trust Administration Attorney Serving Windermere
Call (407) 909-1900 or send us a message to set up a consultation. Our office is open Monday through Thursday, 9 AM to 5 PM, and Friday, 9 AM to 12 PM.