Trusts are not public record, and for some, privacy is a key consideration when creating a trust. Unlike a last will and testament, a revocable trust does not get deposited with the probate court in the State of Florida upon the death of the Grantor or Settlor (i.e. person who created the trust). An exception exists if there is a lawsuit filed regarding the trust.
Who Can See the Trust?
A limited number of people are entitled to a copy of the trust. According to Florida Statute 736.0813, the trustee is required to keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration and has a duty to inform and account. Within 60 days after acceptance of the trust, the trustee must give notice to the qualified beneficiaries. Upon reasonable request, the trustee shall provide a qualified beneficiary with a complete copy of the trust instrument and/or relevant information about the assets and liabilities of the trust and the particulars relating to administration.
Aside from qualified beneficiaries, the successor trustee, accountant for the trust, attorney for the trustee or beneficiary, the personal representative or executor of the estate named in the will, may require a copy of the trust.
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