Do I need to specify who I want as a protector in the trust deed or can I just write in the trust that i want a protector and

Asked 7 months ago - Miami, FL

only after deciding who I want. If I name a person as a protector, and then I want to add more, do I need to amend the trust in order to specify who my protector will be ot can I write a separate private document to the trustee naming who I want to add as a Protector. I know that the Trustee name needs to be specified , but the Protector as well?

Attorney answers (4)

  1. Christopher Quinn Wintter

    Contributor Level 12

    5

    Lawyers agree

    Answered . You should address this question to the attorney drafting your documents.

    If you want a Trust Protector, you will have to specifically identify the person serving as a protector in the trust. Again, I don't unerstand why you are addressing your questions to an audience that knows nothing about your trust or what you want to accomplish. Please talk to your attorney. If you don't have one, hire one.

  2. Paul Rutledge Durr III

    Contributor Level 14

    6

    Lawyers agree

    Answered . Not only do you need to name a protector in the trust agreement , but you must specify the protector's scope of duties and authority. Talk with a local trust attorney.

  3. David Michael Platt

    Contributor Level 7

    4

    Lawyers agree

    Answered . As others have indicated, the most important thing to do is to have your trust address the duties and responsibilities of a trust protector. They are not required by the Florida Trust Code, and the Trust Code does not define the role of a trust protector. For that reason, but sure you understand the difference between a trustee and trust protector.

    Do not attempt to do this yourself. Florida law is complex in the requirements for properly establishing a trust, and you should undertake this only with the assistance of an experienced estate planning attorney.

  4. Jerry E Shiles

    Contributor Level 14

    3

    Lawyers agree

    Answered . Actually, you can make a provision in your trust for the establishment of a trust protector, specify his or her duties and responsibilities, and then identify how the trust protector will be selected. If you are still competent, you can amend your trust to name a specific person later. If not, you can authorize your successor trustee, the beneficiaries, etc., to name one. It is important, however, that the scope and degree of authority is clearly spelled out, and also who may NOT serve in that capacity.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,501 answers this week

2,785 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,501 answers this week

2,785 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary