Legal Question in Wills and Trusts in Florida

I have a Revocable Living Trust, in the State of Florida, in effect naming a person Executor. Is there a special form needed to amend the Trust and change the person named as Executor to a different person?


Asked on 6/09/10, 9:36 am

2 Answers from Attorneys

Marc J. Soss Marc J. Soss, Esquire

You need to have prepared and execute an Amendment to your Trust. The proper terminology is to change the successor Trustee. Let me know if I can be of assistance.

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Answered on 6/09/10, 1:26 pm

A Trust names a Trustee. A Will names an Executor, which here is known as a Personal Representative. To amend a Trust to change a Trustee or Successor Trustee requires an Amendment which is prepared and executed the same as the Trust was. So it is a formal process.

If you really meant to amend a Will, then it is a Codicil. Again it is a formal process and execution is the same as it was for the Will.

In either case, if you try to change one of those documents by crossing out, making the change, and initialing it, you can cause the document to be revoked. So don't do it.

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Answered on 6/09/10, 2:55 pm


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