Trust administration guidance for Fort Lauderdale trustees, personal representatives and beneficiaries

Trust Administration Law Firm Fort Lauderdale

Trust administration is the work of carrying out a trust’s terms, often after the person who created the trust dies. Trust Counsel, PL is a Coral Gables firm that advises and represents trustees, personal representatives and beneficiaries. We serve clients in Fort Lauderdale. How any trust is administered depends on the trust instrument, Florida law and the facts of each case. This page explains the main steps, possible disputes and common questions. Leslie V. Marenco is the lawyer responsible for this page.

What Trust Administration Is and Who It Serves

Trust administration is the work of carrying out a trust’s terms, and the trust instrument sets the scope of that work. Under Florida’s Trust Code, a trustee who accepts the role must administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries (Fla. Stat. § 736.0801). How that applies depends on the governing instrument and the facts of each case.

This page is for successor trustees named in a trust, named beneficiaries, heirs and family members with questions about a trust they did not create. Many readers are carrying out a first-time role while they grieve.

A trust is not a will. Depending on how assets are titled, some trust property may pass outside a probate proceeding, while other assets may still need one (types of trusts). In Florida, the term personal representative is used for the person who administers a probate estate, and the scope of that role depends on applicable law and the facts of each case.

What a Trust Administration Engagement Can Cover

A trust administration engagement covers the legal questions that arise while a trust is carried out. Which items apply depends on the trust and the facts of each case. Possible areas include:

• Reviewing the trust instrument, its amendments and the list of assets.
• Identifying qualified beneficiaries and planning required notices.
• Keeping records. Under the governing trust instrument and applicable Florida law, a trustee’s recordkeeping and the separation of trust property may be subject to specific requirements, and their scope depends on the facts of each case.
• Accountings. Depending on the governing trust instrument and applicable Florida law, a trust accounting may need to be reasonably understandable and, to the extent feasible, value trust assets on hand at the close of the period.
• Reviewing requests for distributions and documenting them.
• Asset transfers, real estate titling and tax filings that may come up.

The firm advises and represents trustees, personal representatives and beneficiaries. The firm does not act as a fiduciary.

How the Administration Process Typically Unfolds

Administration often moves through stages, but the order and timing depend on the trust terms and the facts of each case. A common path looks like this:

1. Initial review. Gather the death certificate, the trust instrument, any amendments and an asset list. The firm offers a free first consultation, confidential and with no obligation to continue.
2. Acceptance. A named trustee generally accepts by following a method in the trust or by acting as trustee. A designated trustee who does not accept within a reasonable time is deemed to have declined (Fla. Stat. § 736.0701).
3. Notices. For many irrevocable trusts, the statute sets a 60-day window for notices to qualified beneficiaries. Some older trusts fall outside that rule, so timing depends on the trust’s date (Fla. Stat. § 736.0813).
4. Asset identification. Trust assets are identified and protected. Some assets may not be titled in the trust and may need a separate probate proceeding.
5. Debts, distributions and final accounting. Expenses are paid, distributions follow the trust terms, and a final accounting is prepared.

No timeline is fixed. A simple trust may take months, while a complex or contested trust may take longer.

When Trust Administration Becomes a Trust Dispute

Disagreements may arise when beneficiaries and a trustee differ over information, accountings, distributions or a trustee’s decisions. Whether a dispute exists, and what remedies may be available, depends on the trust instrument, Florida law and the facts of each case.

Common points of friction include:

• Requests for the trust instrument or other information about the trust.
• Questions about the content of an accounting.
• Disagreement over the timing or amount of distributions.
• A beneficiary may question whether a trustee’s decision was proper, and how that question is resolved depends on the governing trust instrument, applicable Florida law, and the facts of each case.

Time limits can be short. Under Florida law, a beneficiary may be barred from suing over a matter adequately disclosed in a trust disclosure document unless the case is filed within 6 months after receipt of that document or a limitation notice, whichever is later (Fla. Stat. § 736.1008). How that applies depends on what was received and the facts of each case.

Trust litigation differs from routine administration. The firm’s lawyers may advise or represent a beneficiary, trustee or other party where the facts call for it, through trust litigation services. Early advice may help a family understand its options, but no result can be predicted.

Roles in a Florida Trust: Trustee, Personal Representative and Beneficiary

A trustee manages trust property under the trust’s terms, and a beneficiary generally has information rights under Florida law. The scope of each role depends on the governing instrument and the facts of each case.

• Trustee. The trustee administers the trust under its terms and applicable law. If the trust does not state the trustee’s compensation, the statute says a trustee is entitled to reasonable compensation under the circumstances (Fla. Stat. § 736.0708). How that applies depends on the facts.
• Personal representative (often called an executor). This is Florida’s term for the person who administers a probate estate.
• Beneficiary. Qualified beneficiaries may receive reasonable information about the trust. On reasonable request, a trustee must provide a complete copy of the trust instrument (Fla. Stat. § 736.0813). The scope depends on the trust and the facts.

Trust Counsel’s attorneys can serve individually as trustee or personal representative, depending on the matter and any conflict review. The firm itself does not serve as a fiduciary. The firm advises and represents trustees, personal representatives and beneficiaries.

An attorney named as trustee in a trust the attorney prepared or supervised may not be entitled to compensation, unless statutory exceptions or disclosures apply (Fla. Stat. § 736.0708).

Frequently Asked Questions About Trust Administration in Fort Lauderdale

The answers below depend on the trust instrument, Florida law and the facts of each case.

Why Families Contact Trust Counsel, PL

Trust Counsel, PL is a Coral Gables firm that advises and represents trustees, personal representatives and beneficiaries in trust and estate matters. The firm’s practice covers:

• Trust administration and trust litigation
• Probate litigation
• Advising professional trustees and personal representatives
• Estate tax planning, business succession and asset protection
• Guardianship and estate planning

Leslie V. Marenco is the lawyer for this practice. Assistants and office staff support the work. The firm’s only office is in Coral Gables. The firm offers a free first consultation, confidential and with no obligation to continue.

Talk With a Coral Gables Trust Administration Lawyer Now

If you’ve been named successor trustee and aren’t sure which steps apply under the trust, now is the time to ask. Book a free strategy call, call (305) 707-7126, or schedule online. Bring the trust instrument and your list of assets. The first consultation is confidential and carries no obligation to continue.