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 Ocoee 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 Ocoee
About 1 in 9 people who live in Ocoee are 65 or older. When a trust’s creator passes away, the person named as trustee takes over, and some trusts name two people to serve together as co-trustees.
Co-trustees can work well. If the two get along and communicate easily, sharing the duties can lighten the load. If the relationship is strained, each may second-guess the other, and the trust can stall in gridlock.
Either way, a trustee doesn’t have to go it alone. Attorneys, CPAs and financial advisors can guide the work when needed. We help Ocoee trustees and co-trustees divide the duties sensibly and keep the administration moving.
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
One question to settle before naming a trustee is citizenship. Attorney Tom Moss explains on this Life, Legacy & Wealth episode why naming a non-citizen trustee can trigger serious tax consequences. It sits alongside his other practical guidance for families picking the person who will manage their trust, and it applies whether a trust is already in place or just getting started.
Why Ocoee 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 20 minutes from Ocoee.
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 Ocoee
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Guardianship · Medicaid Planning · Ocoee
Trust Administration Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Clermont · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Ocoee
Talk to a Trust Administration Attorney Serving Ocoee
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.