Legal Question in Wills and Trusts in Florida

Many of the revocable Florida trusts seem to have wording similar to "each successor trustee serving under this agreement,whether corporate or individual,will have all the title,rights powers and privileges granted to the initial trustee named under this agreement"Does this mean a successor trustee can without limitation or court approval can rewrite an irrevocable trust trust regarding any provisions that are not mandatory by statute?

Asked on 11/04/12, 7:34 am

Sanford M. Martin Sanford M. Martin, P.A.

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No, in a standard FL revocable trust, a specific provision distinguishes the powers

of successor trustees from the grantor/settlor/initial trustees. Such trusts are

revocable until the settlor/grantors dies or become incapacitated, but may only be

amended or terminated by the settlor/grantors.

Answered on 11/04/12, 10:09 am

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