Legal Question in Wills and Trusts in Florida

trust representative

My daughter is my representative on my trust. She attempted suicide and was released after 72 hrs. Can she still be left on my trust as trustee or recipient?


Asked on 10/24/08, 9:43 am

2 Answers from Attorneys

Robert Roemer Robert Roemer

Re: trust representative

That depends on the type of trust you have and whether your daughter would be considered incapacitated to serve as Trustee.

For example, if you have a Living Trust and you are the grantor or creator of this Trust, you have the ability to amend the Trust document at any time during your lifetime to change both Trustees and beneficiaries. This is, of course, a general answer and it is the Trust Document itself that controls the amendment.

You may want to seek legal counsel to assist you in reviewing your Trust documents.

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Answered on 10/24/08, 12:04 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: trust representative

She can. You need to ask yourself whether that is the wise thing to do under the circumstances and in light of what the trust is for and whether she can assume the role as trustee.

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Answered on 10/24/08, 1:50 pm


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