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trust administration

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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When Should an Irrevocable Trust be Terminated as Opposed to Modified

By Elder Law

In some cases when a trust must be altered, it is more sensible to terminate the trust altogether. Reasons for seeking termination of the trust by a court include:

  • The trust is uneconomic and the cost to manage the trust outweighs the value of continuing the trust’s administration.
  • The initial purpose of the trust has been fulfilled or cannot be carried out.
  • There is unanimous consent from all qualified beneficiaries and the trustee to close the trust and agreement on the disposition of what remains of the trust property.

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

October 9, 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 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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What can I do if Trust funds are not being properly distributed?

By Estate Planning

It is the fiduciary duty of the trustee to manage the assets of the Trust in compliance with the terms of the Trust and the Florida Trust Code and to act in the best interests of the beneficiaries. The trustee also has a duty of care, which requires him or her to manage the assets of the Trust as a prudent person would. This provides the trustee with broad but defined discretionary powers.

Unless the Trust document says otherwise, a trustee generally cannot be removed over small or petty disagreements. Rather, to be removed, he/she must have violated the terms of the Trust, violated the Florida Trust Code, or failed to perform the fiduciary duties of the role. Or, pursuant to the Florida Trust Code, a substantially detrimental lack of cooperation between trustee and beneficiary or a significant change in circumstances could convince the court to remove the trustee.

Attorney Sean Byrne is an experienced and dedicated trust and estate litigation attorney who can represent you in your case, whether you are the trustee or the beneficiary. If you want to remove a trustee, or if you are a trustee who wants to contest your proposed removal, call Bach, Jacobs & Byrne, P.A. at (941) 906-1231 to schedule a consultation.

July 23, 2019
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What is “decanting” of a Trust?

By Asset Protection Planning, Estate Planning

“Decanting” refers to transferring the assets from an irrevocable Trust into another Trust. Florida has a “decanting statute” that describes the requirements of legal decanting under the Florida Trust Code.

There are multiple motivations a trustee might have for decanting. For example:

-To fix a drafting mistake

-To correct certain Trust provisions to conform to new laws or circumstances

-To combine the Trust with another Trust

-To change trustee powers

-To add or remove a trustee

However, there may be other appropriate methods of modifying a Trust applicable to your situation, depending on the circumstances. If you would like to review an existing Trust and discuss your options for modifying the Trust, including the possibility of decanting, or if you would like to create a new Trust, please call the attorneys at Bach, Jacobs & Byrne, P.A. at (941) 906-1231 to set up a consultation.

March 1, 2019
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