Legal Question in Wills and Trusts in Florida

Can a successor trustee witness a Revokable Living Trust

My parents had a Do-It-Yourself Revokable Trust made recently. They had me as one of the witnesses in front of a Notary Public. I am also one of the beneficiaries. Maybe I shouldn't have witnessed????


Asked on 2/05/01, 4:46 pm

2 Answers from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Can a successor trustee witness a Revokable Living Trust

It was not a good idea to serve as a witness since you are a family member and a witness. Some may argue later that there may have been coercion. You may even lose your share. Have it prepared again for them to sign.

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Answered on 3/19/01, 10:33 am
Anthony Comparetto Comparetto Law Firm

Re: Can a successor trustee witness a Revokable Living Trust

1. Since you are beneficiary it is unwise to sign as witness.

2. Revocable trusts need to be funded correctly or they are of little value.

Have an attorney review the trusts. Probably costs around $175.00 to $225.00 dollars. Well worth it.

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Answered on 3/19/01, 11:17 am


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