Trust Administration Attorney in Florida
Guidance for trustees, clarity for families
When a trust becomes active, the responsibilities that follow can feel daunting. Tracking assets, making distributions, and meeting legal obligations all require close attention. At Berg Bryant Elder Law Group, we guide Florida families and trustees through each step of trust administration. Our role is to provide clarity, reduce stress, and ensure that every decision reflects the trust’s purpose and the grantor’s wishes.
For a trust administration attorney in Florida, is more than just paperwork—it’s the process of honoring someone’s final wishes while navigating complex legal requirements. At Berg Bryant Elder Law Group, our trust administration attorneys in Florida provide clear guidance through every step of this important responsibility.
Our attorneys understand that proper trust administration protects both the trustee and the beneficiaries, ensuring the trust creator’s intentions are fulfilled exactly as planned.
Trust administration is the process of managing and distributing trust assets according to the terms established by the trust creator (called the “settlor” or “grantor”). When the settlor passes away or becomes incapacitated, the successor trustee steps in to carry out these responsibilities.
Unlike probate, which is supervised by the court, trust administration generally happens privately, without court oversight. However, this doesn’t mean it’s simple—trustees have strict legal duties and can face personal liability if they make mistakes.
A Florida trust administration attorney helps trustees fulfill their legal obligations while protecting the interests of all beneficiaries.
The role of a trustee depends largely on the type of trust involved. Many Florida estate planning trusts are revocable living trusts, where the grantor serves as the initial trustee and beneficiary during their lifetime.
The Florida Trust Code outlines specific responsibilities that trustees must fulfill:
The first step for any trustee is to thoroughly understand the trust they’re administering. This means:
Once you understand the trust terms, you must secure all trust assets:
Florida law requires trustees to notify qualified beneficiaries of the trust’s existence within 60 days of accepting the role of trustee. This notification must include:
Trustees are responsible for ensuring all proper obligations are paid:
Finally, the trustee distributes assets according to the trust terms:
It’s important to remember that a trust is a separate legal entity from a deceased individual’s probate estate. While probate deals with assets titled solely in the deceased’s name, trust administration handles assets properly transferred to the trust during the grantor’s lifetime.
Our Florida trust administration attorneys handle various types of trusts, each with unique requirements:
The most common type of trust, designed to avoid probate and provide for seamless asset management if the settlor becomes incapacitated. Upon death, these trusts become irrevocable and must be administered according to their terms.
These trusts cannot be changed after creation and often serve specific purposes like asset protection, tax planning, or providing for beneficiaries with special needs. Administering these trusts requires careful attention to their specialized terms.
Designed to benefit individuals with disabilities without disrupting their eligibility for government benefits. These trusts have strict distribution requirements to maintain benefit eligibility.
Created through a will and only takes effect after death and the completion of probate. These trusts require coordination between probate administration and trust administration.
Each type of trust presents unique challenges and requirements that our experienced attorneys are equipped to handle.
Trust administration can involve complex situations that require professional guidance:
When trust terms are ambiguous or contradictory, trustees need legal advice to interpret the settlor’s intentions correctly and avoid disputes.
Sometimes beneficiaries have unrealistic expectations or make demands that conflict with the trust’s terms. Professional guidance helps trustees communicate effectively and fulfill their duties properly.
Trusts containing business interests, real estate, or unusual investments require specialized knowledge to properly manage and distribute.
Improper handling of tax matters can result in unnecessary tax burdens or even personal liability for the trustee. Expert guidance ensures all tax obligations are properly addressed.
Trustees who fail to fulfill their fiduciary duties can face personal liability. Working with an experienced attorney helps protect trustees from potential claims by beneficiaries.
With proper legal guidance, these challenges can be navigated successfully, protecting both the trustee and the beneficiaries’ interests.
Duval County
Clay County
St. Johns County
Our trust administration attorneys provide comprehensive support throughout the process:
At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys bring professional knowledge to trust administration matters, helping trustees throughout Northeast Florida fulfill their obligations with confidence.
Serving as a trustee is a significant responsibility that shouldn’t be handled alone. Professional guidance ensures you fulfill your duties properly while protecting yourself from potential liability.
At Berg Bryant Elder Law Group, our trust administration attorneys serve trustees and beneficiaries throughout Northeast Florida, including Jacksonville, Orange Park, St. Augustine, and surrounding areas. We provide clear, practical guidance through every step of the trust administration process.
Whether you’re a trustee seeking guidance or a beneficiary with concerns about how a trust is being administered, contact us today to schedule a consultation and learn how we can help you manage this complex process.
For straightforward trusts with cooperative beneficiaries, administration might be completed in 6-12 months. Complex trusts with substantial assets, ongoing distributions, or disputes can take much longer—sometimes years—to fully administer.
Yes. Florida law permits trustees to receive reasonable compensation for their services. The trust document may specify the amount, or it may be based on standard rates for professional trustees in Florida. Family member trustees often serve without compensation but are entitled to reimbursement for expenses.
Trustees who fail to fulfill their fiduciary duties can be held personally liable for any resulting losses. They may be removed as trustee, required to repay the trust for damages, and, in extreme cases, may face civil penalties. Working with an experienced attorney helps prevent these issues.
Yes. Florida law requires trustees to keep qualified beneficiaries reasonably informed about the trust administration and to provide complete and accurate information upon request. This typically includes providing copies of the trust document and regular accounting of trust transactions.
Yes, it’s common for a trustee to also be a beneficiary of the trust. However, when making distributions to themselves, trustee-beneficiaries must be particularly careful to follow the trust terms exactly and to treat all beneficiaries fairly according to the trust’s provisions.
Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.
