Florida Irrevocable Trust for Lifetime Benefit of Trustor with Power of Invasion in Trustor
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FAQ
The short answer is yes, a beneficiary can also be a trustee of the same trustbut it may not always be wise, and certain guidelines must be followed. Is it a good idea for a beneficiary to be a trustee? There are good reasons for naming a trust beneficiary as trustee. For one, it is convenient.
As the state of Florida does not enforce no-contest provisions, you cannot prevent a beneficiary or someone you disinherit from contesting your will or trust. As such, it is important to speak with an attorney to make the right preparations for your will/trust to safeguard your future and the future of your loved ones.
While a grantor may technically be allowed to serve as the trustee of an irrevocable trust he creates, this can cause some problems.
Florida has a relatively simple procedure for terminating trusts, but this provision only applies to trusts created after January 1, 2001. After the trustmaker's death, an irrevocable trust may be terminated in whole or part upon the unanimous agreement of the trustee and all qualified beneficiaries.
An irrevocable trust cannot be modified or terminated without permission of the beneficiary. "Once the grantor transfers the assets into the irrevocable trust, he or she removes all rights of ownership to the trust and assets," Orman explained.
A grantor does not have to give up rights of ownership and control of a living trust so s/he may be the Trustee of the living trust. On the other hand, if the grantor creates an irrevocable trust s/he cannot be the trustee of that trust.
In Florida, the qualified beneficiaries to a trust can contest a trust under a few legal theories. By far the most common dispute is over the actions of the trustee. These tend to be minor issues and can be resolved easily with an action for an accounting or removal of the trustee.
Any individual may be a trustee and a beneficiary of a trust assuming that the trust agreement names other lifetime beneficiaries or successor beneficiaries after the death of the initial beneficiaries. For example, suppose a client wanted to serve as trustee of an irrevocable trust created for his benefit.
Removing a Trustee But if the trustor is no longer alive or has an irrevocable trust, anyone wishing to remove a trustee will have to go to court. Any party with a reasonable interest in the trustsuch as co-trustee or a beneficiarymust file a petition with the probate court requesting that it remove the trustee.
Although one person can be both trustor and trustee, or both trustee and beneficiary, the roles of the trustor, trustee, and beneficiary are distinctly different.
