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Bach, Jacobs & Byrne, P.A.

Can an Irrevocable Trust Be Changed Through Judicial Modification If the Change is Consistent with the Settlor’s Intent

By Elder Law

Under Chapter 736 of Florida Statutes in the Florida Trust Code, a court can alter an irrevocable trust in the case that the proposed change aligns with the settlor’s intent.

For example, a Florida court may modify an irrevocable trust if:

  • The purpose of the trust has been fulfilled or cannot be further carried out.
  • Unexpected circumstances not anticipated by the person who created the trust (the settlor) cause compliance with the trust’s terms to defeat or substantially impair an important purpose of the trust.
  • A material purpose of the trust is now nonexistent.

To explore your options for changing an irrevocable trust through a judicial modification, contact Bach, Jacobs, & Byrne at (941) 906-1231.

September 18, 2026
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Can an Irrevocable Trust be Modified by the Court if the Trust is Disqualifying a Beneficiary from Medicaid or Other Public Benefits

By Probate

If an irrevocable trust is not serving the best interests of the qualified beneficiaries, then it can be modified by the court in a judicial modification proceeding. For example, if the terms of a trust disqualify a beneficiary from public benefits such as Medicaid, judicial modification may be necessary to alter the trust’s provisions to maintain a beneficiary’s eligibility for public benefits.

To discuss the process for seeking a judicial modification to an irrevocable trust, contact Bach, Jacobs, & Byrne at (941) 906-1231.

September 11, 2026
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Do Beneficiaries Get Notified if an Irrevocable Trust Is Modified by the Court

By Probate

It is required by Florida law that the qualified beneficiaries of irrevocable receive notice of any request for modification to the trust. Each beneficiary will have the opportunity to object to proposal modifications prior to the applicable deadline.

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

September 4, 2026
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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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Florida Expands Disposition Without Administration for certain Intestate Estates

By Estate Planning

There is a separate procedure in cases where the decedent died without a last will & testament and the probate estate is small. This is occasionally referred to as the disposition of intestate property without administration. As of 2026, the amount of nonexempt personal property has been increased from $10,000 to $20,000.

A disposition without administration may be available if the decedent:

  • Died without a valid will (intestate);
  • Left only qualifying exempt personal property and no more than $20,000 in nonexempt personal property;
  • Has been deceased for more than one year; and
  • Does not have a pending probate administration in Florida.

Eligibility may also be determined by the allowable amount of certain preferred funeral expenses as well as reasonable and necessary medical and hospital fees incurred during the last 60 days of the decedent’s final illness, as permitted by Florida law.

Our law firm advises and represents personal representatives and trustees regarding the settlement of trusts and estates. Call the law office of Bach, Jacobs, & Byrne, P.A. at (941) 906-1231 to schedule a consultation.

July 31, 2026
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New Florida Probate Laws Taking Effect in 2026

By Probate

Beginning July 1, 2026, significant Florida probate law changes took effect, bringing major updates to the Florida Probate Code. The new laws are designed to simplify the probate process, expand eligibility for Florida summary administration, increase small-estate thresholds, strengthen the authority of personal representatives, improve access to safe-deposit boxes, and provide probate courts with greater flexibility when appointing curators.

The 2026 amendments, enacted through CS/HB 1337 (Chapter 2026-57, Laws of Florida) and CS/HB 131 (Chapter 2026-85, Laws of Florida), represent some of the most important updates to Florida probate laws in years. These changes are expected to help many families settle estates more quickly, reduce administrative burdens, and improve the overall efficiency of the Florida probate process.

If you are the named personal representative in someone’s will or wish to be appointed personal representative of an estate, contact Bach, Jacobs, & Byrne, P.A. at (941) 906-1231.

July 24, 2026
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529 Plans as a Wealth Transfer Tool: 529 plan basics

By Estate Planning, Tax Law

A 529 plan is a tax-advantaged savings plan parents may utilize to save for their children’s future education costs.

These plans are federally authorized by Section 529 of the IRS and are sponsored by states, state agencies, or educational institutions.

There are two types of 529 plans:

A prepaid tuition plan allows the account holder to purchase credits at participating colleges or universities (usually public, in-state) at their current price for future tuition and fees. The account holder may not pay for future room and board under this plan, and the program may not be used to prepay for tuition at elementary and secondary schools. These plans are sponsored by state governments and are not guaranteed by the federal government. Additionally, not all states guarantee the money they sponsor in a prepaid tuition plan. If the sponsoring state experiences a financial shortfall, the account holder may lose some or all of their money.

An education savings plan is an investment account that a saver may open on behalf of its beneficiary’s future higher-education expenses. This includes tuition, mandatory fees, and room and board. Education saving plan withdrawals may be used at any college or university, including some institutions outside the US. These plans may also finance $10,000 per year per beneficiary at any public or private elementary or secondary school.

Estate Planning is an important component of financial planning. At Bach, Jacobs & Byrne, P.A., we address tax issues and avoidance as part of estate planning. If you live in Sarasota, Manatee, or Charlotte County, contact Bach, Jacobs and Byrne, P.A. at (941) 906-1231 to evaluate whether your estate plan is tax efficient.

October 3, 2022
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