Fla. Stat. § 736.0705 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.0705 Fla. Stat. § 736.0705 establishes the process by which a trustee may resign. At common law, a trustee was generally not permitted to unilaterally resign without court approval unless the terms of the trust provided otherwise. See Stearns v. Fraleigh, 23 So. 18 (Fla. 1897) (“The general rule, […]
Fla. Stat. § 736.0601 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.0601 Fla. Stat. § 736.0601 establishes the capacity level required for someone to act as a trust settlor in any manner. To act, a settlor must have the same level of capacity required to make a will. The level of capacity required to make a will is found in […]
Fla. Stat. § 736.0101 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.0101 Fla. Stat. § 736.0101 serves as an introduction to the Florida Trust Code and provides the trust code with its name. More importantly, the statute section informs us that references to “this Code” in Chapter 736 of the Florida Statutes are references to the Florida Trust Code. This […]
Fla. Stat. § 736.0102 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.0102 Fla. Stat. § 736.0102 limits the application of the Florida Trust Code and creates a prohibition against creating a land trust by means of trust amendment. First, the Florida Trust Code applies to express trusts. An “express trust” is a trust which is “existent in the mind of […]
Fla. Stat. § 736.0106 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.0106 Fla. Stat. § 736.0106 makes clear that the common law regarding trusts has not been overruled by the Florida Trust Code, unless the common law is explicitly modified or contradicted by the code. For example, in the common law of Florida we find the principle: “If the trustee […]
Fla. Stat. § 736.1108 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.1108 Fla. Stat. § 736.1108 takes away a trustee’s ability to enforce a “no contest” or “in terrorem” clause. A trustee cannot punish a beneficiary for suing over the trust. This includes suits which question the validity of the trust instrument itself. Any such clause in trust document is […]
Can a Paralegal do Estate Planning?
No, paralegals cannot do estate planning on their own, but they can provide support in estate planning under attorney supervision. Paralegals are legal professionals who assist lawyers in various legal matters. They are trained and knowledgeable in legal procedures, documentation, and research, making them valuable assets to law firms and legal departments. Paralegals can perform […]
What Does “Individually and as Trustee” Mean?
The phrase “individually and as trustee” typically identifies that a person is acting both personally and as the trustee of a trust. The phrase is often seen in deeds and other legal documents. Defining the Terminology To grasp the phrase’s meaning, it’s important to define the two key terms involved: “individually” and “trustee.” Individually: When […]
Do estate planning attorneys visit hospitals?
Attorney Hospital Visits Some estate planning attorneys visit hospitals, but it is not a common practice. Estate planning attorneys typically work in their offices and meet with clients either in person or virtually. However, in some situations, an estate planning attorney may need to visit a client in the hospital, such as if the client […]
What will happen to my child if I die?
If you were to pass away, the immediate consequences for your child will depend on several factors, such as your child’s age, your family situation, and whether you have a will or other means of naming a guardian for your child. New Guardian Your child may need a new guardian after your passing. Depending on […]