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Tagged: trusts

Void or Lapsed Devises

What To Do With Old Wills

Updating your estate plan every few years, and particularly after a big life event (such as death, divorce, having a child, etc.), is most often an estate planner’s recommendation.  That being said, people do not always follow those recommendations.  Sometimes wills which are 10 or more years old are brought in by a client seeking to open up a probate. …

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No Will? Who is to be the Personal Representative?

In an intestate estate – i.e., an estate in which the Decedent died without having a will – the state of Florida’s Probate Code statutes dictate how the Decedent’s assets will be distributed.

Assuming the Decedent was married, the surviving spouse typically is the one appointed as the personal representative. …

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Termination of a Florida Trust

There are a handful of reasons why a Florida trust might be terminated.  Often a trustee no longer wants to serve as a trustee or the beneficiaries no longer want a trust, but the trust may indeed terminate by its very terms.  In other words, the trust may have an expiration date. …

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Appointing a Trustee? Consider a professional.

A trustee is charged with protecting and investing trust assets and administering those assets per the terms of the trust agreement for the benefit of the trust’s beneficiaries.  See Fla. Stat.  736.0801 et seq.

While this sounds like a basic premise, there are some important functions which a trustee must do in their fiduciary role. …

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Can an Irrevocable Trust be Modified Under Florida Law?

The short answer to this question is yes.

What is an irrevocable trust?  It is a trust document that generally is not subject to revocation or modification, once executed and funded. There are exceptions which may permit the changing of the terms of an irrevocable trust.

The Florida Trust Code, Chapter 736 of the Florida Statutes, allows a court to modify an irrevocable trust where the modification is consistent with the intent of the grantor….

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Husband Improperly Transferred Millions to His Girlfriend Without Wife’s Knowledge

Wallace v. Torres Rodriguez, — So. 3d —, 2022 WL 1481782 (Fla. 3d DCA 2022)

This recent case from the Third District Court of Appeal involved a husband, a wife, and the husband’s longtime girlfriend.

In 2010, the wife, Patricia, asked her attorney to draft an irrevocable trust agreement for both her and the husband, Milton….

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Interested Person Properly Challenges Estate Administration Expenses

Duff-Esformes v. Mukamal, 332 So. 3d 17 (Fla. 3d DCA 2021)

The appellant in this case, Elizabeth Ann Duff-Esformes, was the Decedent’s surviving spouse, one of two beneficiaries of the Decedent’s estate.  The other beneficiary was the residual beneficiary, the Nathan J. Esformes Living Trust, to which the appellant was the sole beneficiary as well. …

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Avoiding Mistakes With Beneficiary Designations

…While some Floridians may have estate plans in place that they feel will make certain their wishes are followed, some fail to pay attention to the beneficiary designations they have made on their life insurance policies, retirement and other accounts. Not paying attention to these beneficiaries can cause significant problems after a person has died, sometimes resulting in the proceeds passing in a manner that was not intended at all.

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Benefits Of A Living Trust For Florida Residents

…A living trust is a legal document that allows its creator, acting as the trustee, to hold title to assets inside of the trust. This may help those assets avoid probate, which may save thousands in legal fees and allow assets to be transferred much sooner. With a living trust, the grantor has the ability to revise it until he or she passes on.

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Many New Roles, Options For Trusts

People in Florida who are setting up trusts as part of their estate plan may be surprised to learn that these types of instruments have become much more intricate over the years. For example, there are new roles and positions possible in irrevocable trusts that were largely not used in the past.

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