A revocable living trust does more than keep your family out of probate. It can also keep your financial life running if you suffer a stroke, develop dementia, or simply reach a point where paying bills and tracking accounts is too much. Without that plan, your family may have to ask a Florida court to appoint a guardian, which is public, slow, and often stressful for everyone involved.
Florida’s Trust Code treats a revocable trust as changeable during your lifetime unless the document says otherwise. As the settlor, you can amend or revoke it as long as you have the same mental capacity required to sign a will. While the trust is revocable, the trustee’s duties run primarily to you, not to the future beneficiaries.
Once capacity is gone, you generally cannot change the trust anymore, and the successor trustee you named becomes the one with legal authority to manage trust assets. An agent under a durable power of attorney or a court-appointed guardian can only step in as Florida statutes allow, which is one reason planning matters so much.
A good trust does not leave incapacity for guesswork. It might say that two physicians must sign a written statement before the successor trustee can act. That kind of detail can prevent a sibling dispute about whether “Mom is really unable to handle money” when the first late notices start arriving.
Choosing a successor trustee often comes down to practicality. Some people name an adult child who’s already helping with bills or online accounts. Others prefer a close friend or hire a fiduciary to keep peace in the family. In one common setup, a widowed parent names her oldest son but also lists backups, just in case he moves, falls ill, or something else makes him unavailable when it really counts.
Schnauss Naugle Law helps clients draft, fund, and update their trusts so that when the time comes, the person you chose can step in smoothly and keep your affairs on track. Call us at 904‑643‑6342 for a consultation.
