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 Lake County 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 Lake County
Lake County has the highest share of residents 65 or older of any area we serve, at about 27%. When a revocable trust’s creator dies, the trustee can only administer what’s actually in the trust.
A trust controls only the assets titled in its name or designated to it on beneficiary forms. As a backup, a pour-over will directs any forgotten or unfunded assets into the trust, but it does that through a small probate.
For a Lake County resident’s revocable trust, the trustee’s notice of trust goes to the Lake County Judicial Center in Tavares, the county seat. We help Lake County trustees find assets left outside the trust and bring everything together under its terms.
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
Serving as trustee is a real commitment, and the burden it places on that person is often overlooked. Tom Moss uses part of this Life, Legacy & Wealth episode to explain why availability matters as much as ability when a family picks its trustee. A capable candidate who can’t give the role the time it needs may not be the right fit, however skilled they are.
Why Lake County 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 50 minutes from Tavares.
Frequently Asked Questions
Can a trustee be paid?
Yes. Florida law allows a trustee reasonable compensation unless the trust says otherwise.
Is a trustee supervised by a court?
Usually not. A personal representative (executor) in probate is court-appointed, with a judge watching. A trustee typically works with no required court oversight and no required attorney. That can be efficient, but it carries risk. Trustees are still held to the highest legal standard of care: they must invest prudently, avoid conflicts of interest and give beneficiaries annual accountings, which Florida law requires.
Can a trust be changed after the person who created it dies?
Sometimes. A trust protector can hold the power to amend certain terms, as long as the changes don’t violate tax rules. A judge can approve changes, provided all beneficiaries are notified. And “decanting” lets a fiduciary, someone legally bound to act in the beneficiaries’ interest, adjust the trust to fit a situation it never anticipated, like a beneficiary who has since become disabled.
Related Reading
- Who Should Be Your Trustee? What Families Get Wrong — and How to Get It Right
- Why Choosing the Right Trustee Matters More Than You Think
- What Is a Trust in Florida?
Other Services in Lake County
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Guardianship · Medicaid Planning · Lake County
Trust Administration Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County
Directions to Our Office From Lake County
Talk to a Trust Administration Attorney Serving Lake County
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.