Words such as “sole,” “absolute,” or “uncontrolled” discretion can give a trustee broad authority, but not personal whim. Florida trustees still exercise discretion within the trust’s terms, purposes, beneficiary interests, and fiduciary duties.
A successor trustee steps into a fiduciary role at a difficult moment. Before distributing assets, the trustee needs to understand the trust, identify and secure property, communicate with beneficiaries, keep records, address liabilities and taxes, and determine what the document actually requires.
Florida created a new nonjudicial procedure in 2026 that can allow a qualifying trustee to settle accounts and obtain a discharge after required disclosures if no timely objection is received.
