FLORIDA TRUST TERMINATION : ending a Florida trust early
When can you end a Florida trust early ? When can you terminate a Florida trust earlier than called for and distribute all the trust $$$ to the trust beneficiaries right now ? Oh yes, and if someone objects to the Florida trust ending sooner than expected, how is that reviewed by a Florida appeals court that hears trust appeals ? There is a very recent Florida trust case whose legal opinion was just handed down on February 26, 2014. In Florida, Florida trustees and trust beneficiary rights are governed by the Florida Trust Code. Are you familiar with the Florida Trust Code and your rights as a Florida trust beneficiary ? The Florida Trust Code is a set of laws or statutes for Florida trustees and beneficiaries. There is also Trust Caselaw in Florida which are legal opinions from Florida appeals courts which hear trust appeals. Are you familiar with your duties as a Florida Trustee ? A recent trust case dealt with ending a Florida trust early. If you are a beneficiary of a Florida trust, such as a Palm Beach revocable trust which is now irrevocable because the trust creator is now deceased, or if you are a Florida trustee, you may want to read this trust case opinion. This may be particularly important if you want to terminate or end the Florida trust early. Here are some highlights from this Florida Trust Case dealing with ending a Florida trust early.
- Florida Probate Courts have authority to terminate a trust — to end a Florida trust early
- The power of a Florida Probate Court to end a trust early is in addition to powers found in the Florida Trust Code (in addition to Florida trust statutes)
- A Florida Probate Court may not only end a trust early, but it may MODIFY a Florida trust ( it’s important to understand the difference between trust modification, termination and reformation under Florida trust law )
- If you want to terminate a Florida trust early, you need to file a trust lawsuit: you also need to give notice to the trustee and the trust beneficiaries
- There is a specific Florida statute or law in the Florida Trust Code which deals with the legal procedure to end a Florida trust early
- A Florida probate court can modify or end a Florida trust early even if the trust is IRREVOCABLE
- The trust beneficiaries and the trustee may be able to terminate a Florida trust by simply agreeing in writing: you may not need a Florida probate court to intervene or get involved.
In the end, understanding your rights and duties about a Florida trust, and certainly understanding how you may, or may not, be able to end a Florida trust early is best left to an experienced Florida Trust Lawyer. Luckily, from Stuart, Florida to Boca Raton to Ft. Lauderdale, there are a number of excellent Palm Beach trust lawyers and Palm Beach trust litigators who know how to end a Florida trust early.