How to Revoke a Revocable Living Trust in Florida

By Michael Butler

In Florida all living trusts are revocable unless the trust document states otherwise. That means that the person creating the trust, the settlor, can terminate the trust, or his portion of it, at any time. Florida law does not provide a specific way to revoke a living trust. The settlor only needs to make his intention to revoke the trust known by clear and convincing evidence.

In Florida all living trusts are revocable unless the trust document states otherwise. That means that the person creating the trust, the settlor, can terminate the trust, or his portion of it, at any time. Florida law does not provide a specific way to revoke a living trust. The settlor only needs to make his intention to revoke the trust known by clear and convincing evidence.

Step 1

Read the trust document. If it states a method for revoking the trust, you must substantially comply with that method.

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Step 2

Determine what type of property is held in a trust created by more than one person. If the property is community property, only one of the settlors needs to revoke the trust. If the property is separate property, a settlor can only revoke the portion of the trust that is his property. To completely revoke a trust with separate property, all settlors must manifest their intent to revoke it.

Step 3

Draft a letter to the trustee that explicitly states that you want to revoke the trust.

Step 4

Sign the letter in front of a notary public. Although not required by Florida law, this will help show proof of your intentions if anyone questions it later. All settlors who wish to revoke their portion of the trust need to sign the letter.

Step 5

Send the letter to the trustee.

Step 6

Transfer the assets of the trust to their new owners. For example, if the trust owns a bank account, follow the bank's procedures to transfer the account back to yourself. Different assets will have different procedures for transfer.

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How to Terminate a Living Trust

References

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