What do Florida Trust Lawyers Know About Amending Florida Testamentary Trusts?

Are you the settlor of a Florida family trust? Florida probate lawyers know that many people like to amend their family trusts from time to time as permitted in the trust charter. Do you know how to amend a trust in Florida? Check out this recent case out of California that shows how improper amendments could lead to Florida trust litigation. What do you need to know?

Amending a Trust

• The first question for a settlor of a trust is can it even be amended?
• Florida probate lawyers know that is a valid question.
• For various reasons including tax implications, sometimes trusts cannot be amended.
• Unsure whether you can amend your Florida trust?
• Talk to an experienced Florida trust lawyer to get the specifics.
• Now that you know you can amend the trust, the question is should you.
• That is a question to discuss with your Florida estate attorney as you amend your estate plan from time to time.
• Is it impossible to amend a Florida irrevocable trust?
• If you are going to amend, make sure you do it right.
• What does that mean?
• Check out this recent case out of California to learn more about amending your Florida trust the right way.

Weidner v. Eads

• This was a slightly complicated trust dispute out of California.
• Florida will contest lawyers know that interpreting a trust after the death of a settlor can be just as hard as interpreting a will.
• Here it was undisputed that the trustee / original settlor had made numerous changes in pen or pencil onto the trust documents.
• Is this a valid way to amend your Florida trust?
• Florida probate lawyers know that testamentary trusts require the same formalities as wills if that is what they are intended to substitute.
• What about other trusts?

Want to learn more?

Check out the entire case by clicking here.

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