One of the most common questions families ask after a loss is simple: now that Mom or Dad is gone, who controls the trust? In Florida, the answer depends on the type of trust and who was named to serve.
While the grantor is alive
With a typical revocable living trust, the person who created it usually serves as their own trustee and keeps full control—managing, spending, and changing the trust freely for as long as they are able.
After the grantor’s death
When the grantor dies, a revocable trust generally becomes irrevocable, and control passes to the successor trustee named in the trust document. Importantly, the successor trustee does not gain personal ownership of the assets. They hold and manage them in a fiduciary role and must follow the trust’s written instructions—not their own preferences.
What about the beneficiaries?
Beneficiaries do not control the trust, but Florida law gives them meaningful rights, including the right to be kept reasonably informed, to request a copy of the trust, and to receive an accounting. If a named successor trustee is unable or unwilling to serve and no alternate is available, a Florida court can appoint one.
If you have been named a successor trustee—or you are a beneficiary who is unsure of your rights—an estate attorney can explain exactly what the trust requires under Florida law.