signing papers
pbcba logo vectorboca chamberclient championft lauderdale chamberjustiamartindale hubbelthumbtacksuper lawyersyelp reviews15 year anniversary

Trust Administration

Experienced Trust Attorneys In Florida

When you create your estate plans, you will usually create some sort of a Trust. The person you appoint to serve as your Trustee must comply with the Florida Trust Code and must comply with the terms of your Trust. This is known as “Trust Administration.” If a Trustee does NOT administer a Trust in compliance with the terms of the Trust and the Florida Trust Code, the Trustee will be sued for breach of trust.

A Trustee can be removed from serving as a Trustee if they breach their fiduciary duties. The Trustee must act in the best interests of the beneficiaries of the Trust. If a Trustee causes financial damage to a Trust, steals Trust money or engages in Self-Dealing, the Trustee may also have to pay the Trust bank out of their own monies. This is known as “surcharge.” You should never agree to serve as a Trustee without legal counsel. The Team at the Horton Law Group, P.A. can represent you in your capacity as Trustee to ensure that you carry out the terms of the Trust and you comply with the Florida Trust Code.

Why Hire the Horton Law Group, P.A?

The Horton Law Group, P.A. represents Trustees in all aspects of administration of Florida estates and trusts. We also serve to protect the rights of Florida trust beneficiaries in disputes involving the administration of trusts.

Trust administration is NOT subject to Court supervision. Thus, the Trustee must be competent in Florida law on trust administration, investing, accounting, business administration and taxes. Estates are not administered under Court supervision. The team at the Horton Law Group, P.A. can represent you in your capacity as Trustee to ensure that you carry out the terms of the Trust and you comply with the Florida Trust Code.

The Florida Trust Code set forth specific duties that a Trust must comply with:

  • Acting solely in the interest of the beneficiaries
  • Acting impartially with regard to multiple beneficiaries
  • Using reasonable care, skill and caution
  • Incurring only reasonable expenses
  • Keeping clear, distinct and accurate records
  • Providing legal notices and accounting to the beneficiaries
  • Marshalling the Assets, paying debts of the decedent and distributing the assets to the beneficiaries according to the terms of the Trust
  • Preparing annual trust accountings
  • Paying estate tax and other taxes, if any
Schedule A Free Consultation
gavel
Experienced Trust Administration Lawyers

Does the Trust pay the Trustee’s Attorney Fees or Trustee Fees?

There are many other duties imposed on a Trustee. A breach of these duties can have significant financial cost to the Trustee. One of the biggest areas of Trust litigation involving breaches of duties by a trustee deal with excessive fees and commingling. Generally speaking, trust administrative fees are paid out of the Trust. When a Trustee retains legal counsel, the attorney fees and costs, are usually paid out of the trust. Trustees are also entitled to reasonable compensation for their time and labor while serving as a trustee.

Services the Horton Law Group, P.A. provides to Trustees

  • Quality legal counsel – we will inform you of the law so you can serve intelligently as a Trustee
  • We prepare all required Notices that are required to be filed in court, including a Notice of Trust
  • We prepare all required Notifications to Beneficiaries
  • We prepare an initial inventory and initial accounting of the estate’s assets
  • We will Notify all known and unknown creditors, through notification and publication as required by Florida Law
  • File all tax returns for the estate and minimize tax consequences
  • Settle debts and other outstanding obligations
  • Appraise assets and value businesses, if applicable
  • Prepare the final trust accounting
  • Retain Experts for investment, accounting and tax purposes on your behalf.
  • Distribute assets to the beneficiaries
  • Close the estate
  • Should you be sued for your duties as Trustee, we will zealously represent you throughout litigation

Services the Horton Law Group, P.A. provides to Beneficiaries

If you are a beneficiary of a Trust and you feel that your rights have been violated. Or, if you feel the Trustee is not looking out for your best interest. Or, if you feel the trustee is engaging in self-dealing or stealing trust monies or taking excessive trustee fees, you have rights. You can file a lawsuit against the Trustee for: (1) breach, (2) removal, (3) surcharge and a myriad of other causes of action. If you believe that the trustee has breached his or her fiduciary duties to you, contact the Horton Law Group, P.A. to schedule your free 30-minute consultation.

Why Hire the Horton Law Group, P.A?

The principal partner at the Horton Law Group, P.A., Attorney Sommer C. Horton, has been litigating estate and trust litigation cases for 20 years. She is also an experienced and aggressive estate litigator. She is highly regarded for her creativeness, strategic judgment and her uncanny ability to deliver persuasive legal arguments in the courtroom. She has a tremendous skill for being an aggressive advocate for her clients, while being one who understands and appreciates how trying litigation can be, thus, she is extremely sensitive to her clients’ needs.

Hear From Our Clients

Recently, I acquired my first home! I retained Ms. Horton to help me file Homestead for my property. I was unsure whether to put my Homestead property in my Revocable Trust – she provided me the benefits and consequences of doing so in a way that I actually understood. I trust her judgment. She was very patient and very sensitive to my needs. I look forward to working with her again in the future.

Joseph F., Client
1 of 50

Schedule A Free Consultation

Boca Raton Office 4800 N. Federal Highway
Suite 103B
Boca Raton, FL 33431
Get Directions
Broward Office 10 Fairway Drive
Deerfield Beach, FL 33441
Available by Appointment
Get Directions
Call Us Now (561) 299-0018
Send A Fax (561) 244-1960

Page Contact