Trustor

Definition: A Trustor is the individual or entity that creates a trust by transferring property or assets to a trustee for the benefit of one or more beneficiaries. The trustor establishes the terms and conditions of the trust, defining how the assets are to be managed, distributed, or used. In real estate, the trustor is typically the borrower who conveys legal title to a trustee under a deed of trust as security for a loan.

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Trustor (Settlor) in Florida

Trustor (settlor/grantor): person who creates a trust. FL Trust Code (Chapter 736): uses "settlor." Transfers property, establishes terms, names beneficiaries. Powers: revocable (amend, revoke, direct, change beneficiaries; Section 736.0602) and irrevocable (generally gives up control). Can serve as own trustee. Must have legal capacity. vs. trustee (manages) and beneficiary (receives benefits). One person can serve multiple roles. At death/incapacity: successor trustee takes over.

What It Is

Powers

vs. Trustee/Beneficiary

Related Terms

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Barnes Walker’s attorneys advise trustors in Florida. Request a legal inquiry for assistance.

Florida Law Reference

Fla. Stat. Ch. 736 (Florida Trust Code)

The Florida Trust Code governs the creation, modification, and administration of trusts, including trustee duties, beneficiary rights, and trust termination.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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