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Can a Trust of a Special Needs Person be Altered to Better Support the Needs of a Person with Disabilities or Special Needs:

By Elder Law

Even when a trust is considered irrevocable, it does not mean that it can never be changed. For example, if an inheritance from a trust would disqualify a disabled beneficiary from receiving public need-based benefits that the beneficiary would otherwise be eligible, then the trust may be changed through judicial modification.

Changes may be made if they are shown to be in the best interests of the beneficiaries with special needs. If a court modifies a trust to convert it into a special needs trust, it can preserve the disabled beneficiary’s eligibility for public benefits such as Medicaid and Supplemental Security Income (SSI).  However, the future beneficiaries of the trust who could inherit in the current beneficiary’s death would receive notice of the proposed change and have the option to consent or object.

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

October 16, 2026
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What is the Court Process for Judicial Modification

By Elder Law

In the case where a trustee or qualified beneficiary seeks judicial modification to an irrevocable trust, several steps must be taken:

  • The trustee or qualified beneficiary must file a formal court pleading in a circuit court describing the circumstances that justify the change by the court.
  • All parties involved with the trust must be given notice of the change being regarded.
  • The parties involved (which include the trustee and current and future beneficiaries) must be given an opportunity to object or consent to the proposed judicial modification to the trust.
  • If there is an objection, then a court hearing is held to evaluate the merits of the requested change in light of the objection.
  • If the judge approves the proposed change to the trust then an order will be entered by the court to modify the trust and its terms.

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

October 2, 2026
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Why Would I Need to Make a Judicial Modification to an Irrevocable Trust

By Elder Law

The Florida Trust Code provides general reasons that would justify someone seeking a judicial modification to an irrevocable trust. Some of the primary reasons for modification by a court include:

  • Unexpected events that were not anticipated during the creation of the trust that would interfere with the goals of the trust.
  • The goals and purposes of the trust have been met or they can no longer practically be completed.
  • The trust no longer serves the best interests of the beneficiaries.
  • The rules of the trust have made its management impractical under its current terms and must be altered to further its efficient administration.

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

September 25, 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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How can I minimize estate taxes?

By Estate Planning, Tax Law

Florida does not collect state estate and inheritance taxes, but there are federal estate taxes to which one might be subject. In 2018, the federal estate tax exemption is $11.2 million per individual. There are several ways one can plan their estate so as to avoid estate taxes. One of the first steps would be to schedule an appointment with the tax law and trust & estate attorneys of Bach, Jacobs & Byrne, P.A. to review and update your estate plan based on current tax law. Call us today at (941) 906-1231 to set up a consultation.

July 19, 2019
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Does Florida honor foreign Wills?

By Elder Law, Estate Planning, Probate

Yes, but with conditions. The Florida Probate Code states: “Any Will, other than a holographic or nuncupative Will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a Will in this state if valid under the laws of the state or country where the Will was executed.”

A holographic Will is one handwritten by the testator and not witnessed, whereas a nuncupative Will is one relayed orally by the testator to another person but never put in writing. Neither type of Will is valid in Florida, even if the state where it was executed permits such documents. Note that a handwritten Will that is witnessed is still valid under Florida law. Other than these exceptions, Florida generally recognizes any Will which was valid in the jurisdiction where it was created.

Even if an out-of-state Will is legally valid under Florida law, it may benefit the testator to update it so that it will reflect Florida law, which has many advantages for estates and trusts. To check whether your Will is valid in Florida probate court, or to revise and update your Will to reflect current Florida law, the elder law and estate attorneys of Bach, Jacobs & Byrne, P.A. are here to help. Call us at (941) 906-1231 to set up an appointment.

July 1, 2019
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If I move to another state, do I need to create new estate documents?

By Elder Law, Estate Planning, Probate

While it may not always be necessary to create entirely new estate documents when moving between states, it is always a good idea to review your estate documents with an attorney of the state in which you will begin living. This is because each state has a unique set of probate laws that governs the distribution of state residents’ assets.

When reviewing your estate plan documents, you might find that you have not moved all of your assets with you to the new state. If you die with real property left in another estate titled in your individual name, an ancillary probate may be necessary. This means that two probates may have to occur: one in the state in which you were living when you died, and one in the state in which you used to live where your property still remains.

To avoid the costs and delays of having multiple probate proceedings, you should at least review your estate documents with the experienced and dedicated elder law and estate attorneys of Bach, Jacobs & Byrne, P.A., as we can help you determine if they are valid in Florida and review the titling of all of your assets. Call us at (941) 906-1231 to schedule a consultation.

April 4, 2019
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What is an “in terrorem” clause in a Will or Trust?

By Estate Planning, Probate

Literally meaning “in fear”, an “in terrorem” clause acts as a sort of threat: if anyone challenges the legality of the Will or of any part of the Will, he/she will be disinherited. Though there are many potential reasons why a client would include such a clause (also referred to as a “no contest” clause), one common one is to promote family harmony and mitigate potential fighting resulting from a legal battle following the death of the testator.

However, Florida law does not allow for the enforcement of in terrorem or “penalty clauses”, as explicitly stated in Florida Statute §732.517. If you need representation in a Will challenge or in defending testamentary documents, the attorneys at Bach, Jacobs & Byrne, P.A. are here to help. Call now at (941) 906-1231 to set up an appointment to discuss your case.

November 29, 2018
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My Will was drawn up in another state. Is it still valid in Florida?

By Estate Planning, Probate

If your Will was valid in the state where it was written, it should be valid in Florida, with some exceptions. However, property laws do vary from state to state. For instance, one significant distinction between states when it comes to property law is whether they are considered “common law” states or “community property” states. In the former, the property of each spouse belongs to each individually – in the latter, the property is shared.

Another important thing to consider: not every state accepts all types of Wills as valid. For instance, Florida does not recognize either “nuncupative” or “holographic” Wills. Nuncupative Wills are spoken to two witnesses and then written down by those witnesses; holographic Wills are written in the handwriting of the deceased without witnesses.

If you have recently moved to Florida and want to make sure your Will is valid in Florida, the lawyers at Bach, Jacobs & Byrne, P.A. are happy to help. Give us a call at 941-906-1231.

November 15, 2018
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