Legal Question in Wills and Trusts in Florida

In FL, if a Trust says 2 letters from Drs indicating incapcity will activate the Successor Trustees, once acquired, is any legal action required with the court or can the Successor Trustees just start acting? I have heard they may have to be activated with a court document. If so, can the individuals do that directly or absolutely require counsel?


Asked on 11/23/20, 12:25 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

If all parties agree, no court order is required. If not, a legal proceeding is required and counsel should be retained.

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Answered on 11/23/20, 12:40 pm
Philip Duvalsaint Philip A. Duvalsaint, PLLC

It really depends on what actions the Successor Trustees want to take and what the trust says. Failure to get a court order may subject the Successor Trustees to liability or may cause the action to fail.

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Answered on 11/23/20, 12:44 pm


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