Florida trust firm flags new SB 262 duties for family trustees

By AI, Created 6:46 AM UTC, May 27, 2026, /AGP/ – A South Florida estate-planning law office is warning family trustees that Florida’s SB 262 changed trust rules in 2025, expanding certain powers while leaving fiduciary duties intact. The firm says trustees who keep using outdated standards could create avoidable legal and financial problems.

Why it matters: - Florida’s SB 262 gives family trustees more flexibility in handling trust assets and certain planning decisions. - The same law leaves core fiduciary duties in place, so trustees can still face liability if they rely on outdated rules. - The changes affect non-professional trustees who manage family trusts without regular legal guidance.

What happened: - The Law Office of Gary M. Landau, P.A. is advising family trustees to review Florida’s new trust legislation. - Senate Bill 262 took effect on June 20, 2025. - The law was filed as CS/CS/SB 262 and altered parts of the Florida Trust Code. - Gary M. Landau, the firm’s founder, said family trustees need to understand the new rules so older practices do not create legal or financial problems.

The details: - The statute clarifies and expands a trustee’s authority to make certain complex financial decisions for a trust. - A spouse’s transfer of homestead property to a community property trust does not change ownership of the home under the new law, which can help protect against tax reassessments. - Trustees may now modify, or “decant,” irrevocable trusts instead of having to pour assets into a new trust. - Many family-appointed trustees may not realize the rules changed in mid-2025 and could still be administering trusts under older standards. - Gary M. Landau has more than 25 years of experience practicing in Florida and works on probates, wills and trusts.

Between the lines: - The message is aimed at non-professional trustees who may not track legislative changes closely. - The law appears designed to give trustees more planning tools without weakening beneficiary protections. - The firm’s warning suggests compliance risk is now tied less to intent and more to whether trustees know the updated framework.

What’s next: - Family trustees are expected to review existing trust administration practices against the new Florida rules. - Trustees may need legal help to confirm whether homestead transfers, trust modifications or other actions fit the current statute. - The Law Office of Gary M. Landau says it will continue helping clients navigate probate, wills and trusts under Florida law.

The bottom line: - Florida trustees gained new powers under SB 262, but those powers come with the same duty to act carefully and in compliance with current law. - Read the original press release