PTM Legal Commentary to Florida Trust Code
I have (foolishly) made it my goal to provide legal commentary for the entire Florida Trust Code. So far as I am aware, no such commentary has been made available to the public free of charge. I aim to remedy that. As I add commentary to section of the code, I will link to that […]
How “Guardian of the Person” is Defined – Commentary to Florida Trust Code
Legal Commentary on the Definition of “Guardian of the Person” Fla. Stat. § 736.0103(11) defines the term “guardian of the person.” The text of the subsection reads: “Guardian of the person” means a person appointed by the court to make decisions regarding the support, care, education, health, and welfare of a minor or an incapacitated […]
Fla. Stat. § 736.1501 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.1501 Fla. Stat. § 736.1501 gives the Community Property Trust Act its name. Text of Fla. Stat. § 736.1501 Short title.—This part may be cited as the “Community Property Trust Act.” History of Fla. Stat. § 736.1501 Fla. Stat. § 736.1501 became law on July 1, 2021 as part […]
Fla. Stat. § 736.1502 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.1502 Fla. Stat. § 736.1502 provides a list of definitions which apply to the entirety of the Community Property Trust Act. The definition of “community property” establishes a key feature of the community property trust: property owned by a community property trust is deemed to be community property in […]
Fla. Stat. § 736.1503 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.1503 Fla. Stat. § 736.1503 lists the four main requirements of a community property trust. However, these are not the sole requirements of a community property trust because such a trust must also conform with Fla. Stat. § 736.0402, Fla. Stat. § 736.0403, and Fla. Stat. § 736.1502(2). To […]
Fla. Stat. § 736.0203 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.0203 Fla. Stat. § 736.0203 gives the Florida circuit courts original jurisdiction over all matters which arise out of the Florida Trust Code. See Stokes v. Jones, 319 So.3d 166, 129 (Fla. 1st DCA 2021) (“There is no dispute that the circuit court had exclusive original subject matter jurisdiction […]
Fla. Stat. § 736.0404 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.0404 Fla. Stat. § 736.0404 limits the allowed purposes of a trust. A trust cannot be created unless that trust is created for a purpose that is lawful, within the scope of public policy, and possible to achieve. Thus, an attempt to create a trust for the purpose of […]
Fla. Stat. § 736.0104 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.0104 Fla. Stat. § 736.0104 specifies when a person is deemed to know a fact under the Florida Trust Code. There are three possible ways for person to be deemed to have knowledge of a fact. The first is actual knowledge, which simply means knowledge as understood in the […]
How a Trustee’s “Action” is Defined – Commentary to Florida Trust Code
Legal Commentary on the Definition of “Action” Fla. Stat. § 736.0103(1) defines the term “action” as it applies to trustees. The text of the subsection reads: “Action,” with respect to an act of a trustee, includes a failure to act. Thus, any references in the Florida Trust Code to a trustee’s actions also refer to […]
Fla. Stat. § 736.08125 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.08125 Fla. Stat. § 736.08125 protects successor trustees from being liable for the actions of former trustees. See Freeman v. Berrin, 352 So.3d 452, 460 n.6 (Fla. 2d DCA 2022) (“Section 736.08125 provides that successor trustees are not personally liable for actions taken by prior trustees and do not […]