Florida Joint Trusts and Amendments

If you and your spouse create a trust in Florida together, can you amend it after your spouse dies? In Florida, can a trust created by a husband and wife be amended at any time? Do both settlors of a joint trust have to amend the trust together? What should probate lawyers and estate litigation lawyers know about joint trusts in Florida?  A February 27, 2009 Second DCA opinion, Provost v. Justin, discusses these issues. 

Here, a husband and wife created a Florida trust together. After the husband died, the wife amended the trust. The amendment changed the beneficiaries of the trust. The husband’s three children were the original beneficiaries of the trust and they sued to set aside the amendment that was made by the wife after their dad’s death. The trial court ruled that the amendment was valid, but the appellate court disagreed. The appellate court explained that this particular trust ” contains language that limits the right of amendment to the grantors during their lives.” This means that both the husband and wife would have needed to make the amendment together, before the husband passed away. Therefore, the amendment was not valid. If you are the beneficiary of a joint trust in Florida, please feel free to call us at (561) 514-0900 ext.101 for a FREE consultation with a Florida trust attorney.