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Monthly Archives

August 2026

Why Might I Need to Seek Judicial Modifications to an Irrevocable Trust

By Probate

There can be many circumstances that require an irrevocable trust to be changed. The reasons that call for that depend on the purposes for which the trust was created. Grounds for judicial modification of an irrevocable trust include:

  • Changes to Trust Distributions: A trust might need to be changed to better serve the beneficiary’s needs. This includes distributing the assets sooner to the next generation or adding restrictions to protect assets when a beneficiary has excessive spending habits, substance abuse issues, or special needs.
  • Replacing or Changing Trustee Responsibilities: If the trustee responsible does not satisfy the beneficiaries’ needs, an irrevocable trust can be changed to allow for the appointment of a different trustee or division of responsibilities.
  • Changes in Tax Laws: Trusts are often drafted based on prior federal tax laws which can change over time. Modifying the trust to reflect current tax laws will help preserve tax benefits, improve estate planning, reduce tax liability, or ensure the trust remains within the IRS regulations.
  • Correcting Drafting Errors or Ambiguous Language: Simple mistakes in a trust document regarding spelling and language can be remedied by a judicial modification.

If you need to seek a judicial modification to an irrevocable trust, contact Bach, Jacobs, & Byrne at (941) 906-1231.

August 28, 2026
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New Florida Reporting Requirements for Estate Curators

By Estate Planning

There may be required reports written by the curator to describe the actions taken while managing the estate. These must be submitted to the court. The reports allow for the court to monitor estate administration and ensure the duties of the curator are being fulfilled.

If reporting is required, the court may request:

  • More frequent estate reports
  • Additional documentation or supporting records
  • Any other information needed to safeguard the estate’s assets

Curators are often subject to court removal and surcharge if they fail to properly carry out their responsibilities or do not properly manage estate assets. These newer requirements strengthen accountability and provide additional protections for estates under curator management.

If you are seeking to administer an estate in Florida, contact Bach, Jacobs, & Byrne, P.A. at (941) 906-1231.

August 21, 2026
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New Florida Bond and Reporting Requirements for Estate Curators

By Estate Planning, Probate

Recently enacted changes to Florida’s Probate Code effective July 1, 2026, alter the bond and court-reporting requirements due to the curator law. Now, a curator must post a reasonable bond unless the court determines that the bond requirement must be waived. The amount of the bond is set by the court based on responsibilities of the curator and circumstances of the estate. This bond requirement does not include banks and trust companies appointed as curators.

If you are seeking to administer an estate in Florida, contact Bach, Jacobs, & Byrne, P.A. at (941) 906-1231.

August 14, 2026
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How Florida Probate Law Expands Court Authority to Appoint Curators of Estates

By Estate Planning, Probate

Effective July 1, 2026, Florida probate courts are allowed more flexibility when appointing curators. Curators are court-appointed fiduciaries who serve to temporarily protect or manage estate property during the time when no personal representative has been appointed. They may also manage estate property when the personal representative appointed cannot continue serving or must be replaced.

The new law empowers probate courts to:

  • Appoint a curator at any time, with notice to interested persons as the court considers appropriate.
  • Appoint a curator without prior notice when there is a significant risk that estate assets may be wasted, destroyed, concealed, or removed from the court’s jurisdiction and providing notice would delay the appointment.
  • Appoint a curator in other appropriate circumstances when necessary to protect the estate or preserve the rights of the decedent’s heirs.

These 2026 Florida probate law changes give the courts greater flexibility in protecting estates during the probate process, especially during times when immediate action is necessary or prior to a personal representative being appointed. This expansion in authority ensures the security of the estate assets during the progression of the administration of the estate.

If you are seeking to administer an estate in Florida, contact the attorneys at Bach, Jacobs, & Byrne, P.A. at (941) 906-1231.

August 7, 2026
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