CORAL SPRINGS, Florida – The Law Office of Gary M. Landau, P.A., a South Florida legal practice with expertise in estate planning and administration, is urging individuals serving as family trustees to familiarize themselves with Florida’s recently enacted trust legislation. Senate Bill 262, which officially took effect on June 20, 2025, introduced significant changes to the Florida Trust Code, altering some of the powers, responsibilities, and liabilities of trustees across the state.
Officially filed as CS/CS/SB 262, the law clarifies and expands a trustee’s authority to make certain complex financial decisions on behalf of the trust. For example, it ensures that transferring homestead property to a community property trust by a spouse does not change the home’s ownership, thereby protecting against tax reassessments. And it explicitly allows trustees to modify, or “decant” irrevocable trusts rather than having to pour the assets into a new one.
Because the statutory framework shifted in the middle of 2025, many family-appointed, non-professional trustees are unaware that the rules have changed. Consequently, these individuals may still be administering trusts based on the outdated legal standards. Importantly, these changes do not reduce the core fiduciary duties owed to beneficiaries by the trustees.
Gary M. Landau, Esq., the law firm’s founder and a highly respected Florida attorney with over 25 years of experience in the state, emphasizes the importance of understanding these legislative updates. Landau regularly helps clients navigate the intricate nuances of probates, wills, and trusts.
“The new statute gives trustees more flexibility, but it did not decrease their duties,” Landau said. “Family trustees need to learn about these changes so their well-intentioned decisions based on the older laws don’t create financial or legal problems.”
The Law Office of Gary M. Landau is dedicated to empowering clients with the knowledge and support necessary so people in positions of trust can fulfill their roles confidently, efficiently, and in full compliance with current Florida law.
About the LAW OFFICE of GARY M. LANDAU, P.A.
With more than 25 years of experience and countless satisfied clients, Gary M. Landau and his team are uniquely positioned to help with probate throughout Florida and real estate needs in South Florida. Whether you’re ready to probate a loved one’s estate or to write your own will, or if you are purchasing a home, have inherited a home, or want a closing agent to handle title insurance and all documents for your closing or refinancing, the Law Office of Gary M. Landau is ready to work with you.
Call our office at (954) 979-6566 or complete our online form today to schedule a free consultation. We work with our clients in person, over the phone, or on Zoom.