Trust Administration Guidance for Fort Lauderdale Families

A trust administration lawyer helps trustees, beneficiaries and heirs understand what happens to trust property after the settlor dies or becomes incapacitated. The exact steps depend on the trust document and applicable Florida law. If you need a trust administration lawyer Fort Lauderdale families can reach, this page explains the work in plain terms. Trust Counsel, PL is a trusts and estates law firm with its only office in Coral Gables. We serve clients in Fort Lauderdale.

What Trust Administration Covers and Who It Is For

Trust administration is the handling of trust property and the trust’s terms after the settlor’s death or incapacity. What that involves depends on the governing trust instrument and applicable Florida law.

People often ask for help in these roles:

• Successor trustees who have been named to take over the trust
• Beneficiaries and heirs who want to understand their interests
• Co-trustees who disagree about a decision
• Families holding a trust that has become irrevocable

Trust administration is not the same as probate. ACTEC’s probate explainer describes how probate works for property passing under a will. Which path applies depends on how the assets are held and what documents exist.

Trust litigation is different again. It may arise when parties disagree about what the trust means or how a trustee has acted. The outcome depends on the trust terms and the facts of each case.

What the Engagement Can Include

An engagement can include document review, advice, notices, records, accountings and related litigation. The scope depends on the trust terms and Florida law. Possible areas include:

• Document review. Reading the trust, its amendments and related estate papers. The goal is to identify the trustee’s powers and each beneficiary’s interests.
• Beneficiary notices. For an irrevocable trust, Fla. Stat. § 736.0813 says the trustee must give notice within 60 days after learning of the trust. How this applies depends on the trust’s history.
• Records. Fla. Stat. § 736.0810 says a trustee keeps clear, distinct and accurate records. It also says trust property stays separate from the trustee’s own property.
• Accountings. Fla. Stat. § 736.08135 describes what a trust accounting must show. That includes compensation paid to the trustee and the trustee’s agents.
• Disagreements and litigation. Advice on disputes among trustees or beneficiaries. Where needed, representation in related trust or probate litigation, subject to the instrument and applicable law.

How the Process Typically Unfolds

A matter may move through these steps. Timing and order depend on the trust terms and the facts.

1. Free first consultation. The first consultation is free, confidential and carries no obligation to continue. Bring the trust document, any amendments and paperwork about the death or incapacity.
2. Document and asset review. The attorney reviews the trust and gathers account statements, deeds, prior accountings and beneficiary contact details.
3. Written scope. Fees are agreed between client and attorney according to the scope of work.
4. Administration steps. Steps follow the trust terms and Florida law. Timing depends on the assets, the beneficiaries and any disagreements.

Deadlines need careful attention. Fla. Stat. § 736.1008 describes a six-month period, in some cases, for beneficiary claims about matters adequately disclosed. How that period applies depends on applicable law and the facts of each case.

Trustee, Beneficiary and Fiduciary Roles: Who the Firm Advises

Trust Counsel advises and represents trustees, personal representatives and beneficiaries. The firm does not serve as trustee or personal representative.

Trust Counsel’s attorneys can serve individually as trustee or personal representative, subject to the governing instrument and applicable law.

Florida law also governs how a trusteeship starts. Under Fla. Stat. § 736.0701, a designated trustee accepts by following a method the trust provides or by acting as trustee. A designated trustee who does not accept within a reasonable time may be deemed to have declined.

When a trusteeship is vacant and must be filled, Fla. Stat. § 736.0704 sets a priority order. The first priority is a person named in the trust. When cotrustees disagree, how they may act depends on the governing trust instrument and applicable Florida law.

Some professional trustees are regulated. The Florida Office of Financial Regulation describes non-deposit trust companies that offer trustee and estate administration services. A professional fiduciary may bring administrative capacity. Whether that helps depends on the instrument and applicable law.

Why Work With Trust Counsel and How Fees Are Set

Trust Counsel, PL focuses on trusts and estates matters from its only office, in Coral Gables. Its work covers trust administration, trust litigation, probate litigation, estate planning, estate tax planning, business succession, asset protection and guardianship.

Both sides of a trust matter get attention here. The trustee’s duties and the beneficiary’s rights are each tied to the trust and Florida law.

Fees are agreed between client and attorney according to the scope of work. Costs beyond attorney fees can apply, and they depend on the matter.

Fees for a trustee’s attorney can also come from trust assets. Under Fla. Stat. § 736.1007, an attorney for a revocable trust’s initial administration may be entitled to reasonable compensation from the trust. The trustee and attorney may agree on a different arrangement. How this applies depends on that agreement, the instrument and the facts.

Frequently Asked Questions

Book Your Free Trust Administration Consultation

If you hold a trust document, have been named successor trustee, or are a beneficiary unsure what to do after a death or incapacity, the next step can be a conversation. Call (305) 707-7126, schedule online, or book your free strategy call. The first consultation is free, confidential and carries no obligation to continue.