The administration of a trust is complex and requires a skilled lawyer A revocable trust is created by a settlor (also known as the “grantor”). The trust agreement appoints a trustee and a successor trustee to administer the trust. Normally, the settlor is the initial trustee of the trust. When the settlor is the trustee, there are usually no administrative issues because the settlor does not have to follow the terms of the trust.
Once a settlor dies or becomes incapacitated, the successor trustee takes over the trust administration. The successor trustee must administer the trust in accordance with the trust terms and the provisions of the Florida Trust Code. The Trust terms can vary to a wide degree and very much affect the administration of a trust and litigation under the trust. The Florida Trust Code requires the trustee to provide notices, accountings and other information to the beneficiaries and establishes a number of duties the trustee must fulfill. The successor trustee may be held personally liable for any breach of these duties.
Trust administration is a complicated and difficult process. Early intervention by an attorney experienced in trust administration and trust litigation can save the trustee from personal liability and avoid conflicts and trust litigation. The shareholders of Lyons, Beaudry & Harrison. P.A. — John J. Lyons and R. Craig Harrison — are certified by the Florida Bar as experts in the area of trusts and estates.
Avoid family conflict and potential litigation with the help of the trust administration attorneys at Lyons, Beaudry & Harrison. Contact us online or call 941-444-6407 today to schedule an appointment and discuss your case. Our office is located on Main Street in Sarasota, Florida.