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 Winter Garden 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 Winter Garden
In Winter Garden, about 1 in 7 residents is 65 or older. If you’ve been named trustee of a parent’s trust, you’ll control its assets and make distribution decisions under its terms.
A well-drafted trust can make those decisions clearer. It can include a “desired behaviors” section, such as keeping a job, that sets the conditions for distributions. That lets the trustee rely on the creator’s stated intentions rather than personal judgment alone.
Trustees are also expected to document their actions. A written note of each request, and the part of the trust behind each answer, turns a hard call into a documented decision. We help Winter Garden trustees apply the trust’s instructions fairly and keep beneficiaries informed.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: How to Choose the Right Trustee and Avoid Family Conflict
Should a family member serve as trustee, or a corporate trustee? Tom Moss weighs the pros and cons of each in this Life, Legacy & Wealth conversation. Whoever serves takes on the legal duties of trust administration, and a relative may also carry the emotional strain of handling assets for brothers, sisters or other family. Tom shows how a sound choice can protect a family’s legacy rather than create years of conflict.
Why Winter Garden 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 25 minutes from Winter Garden.
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 Winter Garden
Estate Planning · Supplemental Needs / Special Needs Planning · Probate · Guardianship · Medicaid Planning · Winter Garden
Trust Administration Across Central Florida
Orlando · Windermere · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Winter Garden
Talk to a Trust Administration Attorney Serving Winter Garden
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.