Trust Administration Attorneys in Fort Myers

Losing a loved one is a difficult experience, and being named as a successor trustee adds a layer of legal responsibility during an already emotional time. Many people in Southwest Florida assume that because a trust avoids probate, the process is automatic. But trust administration involves a series of mandatory legal steps under the Florida Trust Code (Chapter 736).

If you find yourself in this role, working with trust administration attorneys in Fort Myers can provide the guidance needed to protect the trust assets and ensure you fulfill your fiduciary duties. At Safe Harbor Law Firm, we focus on providing clarity and minimizing stress for families in Lee County and the surrounding areas.

Immediate Steps for Successor Trustees in Florida

When a trust creator (the settlor) passes away, the successor trustee must take control of the trust assets. One of the first legal requirements under Florida Statute §736.05055 is filing a Notice of Trust.

This notice must be filed with the clerk of the court in the county where the settlor lived. For residents, this is usually the Lee County Clerk of Court in downtown Fort Myers. The notice alerts potential creditors that a trust exists and may be liable for the settlor’s debts.

Fiduciary Duties Under the Florida Trust Code

A trustee acts as a fiduciary, which means they are held to the highest standard of care under the law. You must act solely in the interest of the beneficiaries, not your own. Florida law outlines several key duties you must follow:

• Duty to Inform and Account: Under Florida Statute §736.0813, you must notify all qualified beneficiaries of the trust’s existence within 60 days of your acceptance. You are also required to provide a complete copy of the trust document, if requested, and to deliver annual accountings showing all income, expenses, and distributions.
• Prudent Administration: You must manage the trust assets as a prudent person would, considering the trust’s purposes and terms, which includes the duty to invest trust property wisely, often referred to as the Prudent Investor Rule.
• Impartiality: If the trust has multiple beneficiaries, you cannot favor one over another unless the trust document specifically allows it.
• Asset Protection: You must identify, value, and safeguard trust property, which might involve changing the title on real estate in Cape Coral or Fort Myers Beach, managing investment accounts, or ensuring property insurance is up to date.

Avoiding Common Pitfalls in Lee County Trust Administration

Even well-intentioned trustees can face legal challenges. Disputes often arise when beneficiaries feel they are being kept in the dark or when they disagree with how assets are being spent. In Florida, beneficiaries have the right to challenge a trustee’s actions in court if they believe a duty has been breached.

Partner with Safe Harbor Law Firm

The legal landscape of trust administration is complex, but you do not have to navigate it alone. Safe Harbor Law Firm merges compassion with skill to help Southwest Florida families protect their values and intentions. We offer a complimentary vision meeting to help you understand your role and start the process with confidence.

If you are ready to begin the administration process or have questions about your duties, contact us today at 239-977-5158 to schedule your meeting.

Updated Source List (Verified Active .gov Links)

• Florida Statutes Chapter 736 – Florida Trust Code: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html
• Florida Statute §736.05055 – Notice of Trust: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/Sections/0736.05055.html
• Florida Statute §736.0813 – Duty to Inform and Account: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/Sections/0736.0813.html
• Florida Statute §518.11 – Prudent Investor Rule: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0518/Sections/0518.11.html

Lee County Clerk of the Court – Probate and Trust Information: https://www.leeclerk.org/departments/courts/probate