By Attorney Kaytlin Keen When navigating a real estate closing, it is hard to overstate the value of having someone you trust …

Yes, gifts to churches can result in a Medicaid penalty. However, in many cases, proving a consistent, long-term pattern of giving can …

By Attorney Blakely S. Moore   Thriving in the financial industry takes more than just knowledge—it demands sharp expertise, relentless dedication, and …

By Attorneys Blakely S. Moore and Kaytlin Keen Claim splitting is a term used in civil litigation that refers to when a …

Guest post by Michael Merhar of Merhar Law, PLLC You have done it! You stopped procrastinating, went to a wills and trusts …

By Blakely S. Moore Handling a deceased person’s estate can be a complex and overwhelming task. There are many instances where the …

An easy way to avoid probate on bank accounts in Florida is to use Transfer on Death (TOD) and Payable on Death …

Understanding Timeshare Ownership To engage in any timeshare estate planning, you first must understand the different ways that a timeshare can be …

Serving as a Trustee of a trust comes with significant responsibilities, including managing and administering assets that can range from a few …

Prior to getting married, all couples should consider a premarital agreement (commonly known as a “prenup”) regardless of who they are, how …

Hurricane Helene and Hurricane Milton have caused long-lasting damage to the state of Florida, especially on the east coast. Despite the best …

Many people rent safe deposit boxes to store important and/or valuable items or documents. But what happens to that safe deposit box …

Legal Commentary on Fla. Stat. § 736.0202 Fla. Stat. § 736.0202 establishes the jurisdiction that the Florida courts have over various parties …

Legal Commentary on Fla. Stat. § 736.0602 Fla. Stat. § 736.0602 establishes when, how, and to what extent a trust settlor may …

Legal Commentary on Fla. Stat. § 736.0303 Fla. Stat. § 736.0303 establishes five situations in which a trust representation may occur, but …

Legal Commentary on Fla. Stat. § 736.0304 Fla. Stat. § 736.0304 provides that a person with a “substantially identical interest” may represent …

Fla. Stat. § 736.0305 – Commentary to Florida Trust Code Jul 10  Written By Blakely Moore Legal Commentary on Fla. Stat. § 736.0305 …

Legal Commentary on Fla. Stat. § 736.0306 Fla. Stat. § 736.0306 establishes when and how a trust instrument may designate representatives for …

Legal Commentary on Fla. Stat. § 736.0302 Fla. Stat. § 736.0302 establishes the rules surrounding representation and powers of appointments. The Uniform …

Whether you should drive a deceased person’s car depends on whether the vehicle was jointly owned, whether the vehicle has been transferred …

Legal Commentary on Fla. Stat. § 736.0301 Fla. Stat. § 736.0301 establishes the general principles and effect of one party representing another …

Legal Commentary on Fla. Stat. § 736.0412 Fla. Stat. § 736.0412 establishes a means for irrevocable trust modification without court involvement and …

Legal Commentary on Fla. Stat. § 736.0704 Fla. Stat. § 736.0704 establishes the means of appointing a successor trustee when a trustee …

Legal Commentary on Fla. Stat. § 736.04115 Fla. Stat. § 736.04115 establishes a means for judicial modification of an irrevocable trust based …

Legal Commentary on Fla. Stat. § 736.0707 Fla. Stat. § 736.0707 explains the authority and duty of a former trustee who still …

Legal Commentary on Fla. Stat. § 736.0709 Fla. Stat. § 736.0709 establishes that a trustee has a right to be reimbursed for …

Legal Commentary on Fla. Stat. § 736.04113 Fla. Stat. § 736.04113 provides a means for a court to modify an irrevocable trust. …

Yes, a life estate deed can be changed as long as all parties to the deed join in the modification. For an …

Legal Commentary on Fla. Stat. § 736.0109 Fla. Stat. § 736.0109 establishes how notice may be provided or waived under the Florida …

Legal Commentary on the Definition of “Trust Director” Fla. Stat. § 736.0103(25) defines the term “trust director.” The text of the subsection …

Legal Commentary on the Definition of “Trustee” Fla. Stat. § 736.0103(27) defines the term “trustee.” The text of the subsection reads: “Trustee” …

Legal Commentary on the Definition of “Power of Withdrawal” Fla. Stat. § 736.0103(17) defines the term “power of withdrawal.” The text of …

Legal Commentary on the Definition of “Qualified Beneficiary” Fla. Stat. § 736.0103(19) defines the term “qualified beneficiary.” The text of the subsection …

Fla. Stat. § 736.0103 provides definitions for the Florida Trust Code. There are 27 separate terms defined. Because of the importance of …

Legal Commentary on the Definition of “Spendthrift Provision” Fla. Stat. § 736.0103(22) defines the term “spendthrift provision.” The text of the subsection …

Legal Commentary on the Definition of “Jurisdiction” Fla. Stat. § 736.0103(14) defines the term “jurisdiction.” The text of the subsection reads: “Jurisdiction” …

Legal Commentary on the Definition of “State” Fla. Stat. § 736.0103(23) defines the term “state.” The text of the subsection reads: “State” …

Legal Commentary on the Definition of “Power of Direction” Fla. Stat. § 736.0103(16) defines the term “power of direction.” The text of …

Legal Commentary on the Definition of “Directed Trust” Fla. Stat. § 736.0103(6) defines the term “directed trust.” The text of the subsection …

Legal Commentary on the Definition of “Directed Trustee” Fla. Stat. § 736.0103(7) defines the term “directed trustee.” The text of the subsection …

Legal Commentary on the Definition of “Revocable” Fla. Stat. § 736.0103(20) defines the term “revocable.” The text of the subsection reads: “Revocable,” …

Legal Commentary on the Definition of “Affiliate” Fla. Stat. § 736.0103(2) defines the term “affiliate.” The text of the subsection reads: “Affiliate” …

Legal Commentary on the Definition of “Environmental Law” Fla. Stat. § 736.0103(9) defines the term “environmental law.” The text of the subsection …

Legal Commentary on the Definition of “Settlor” Fla. Stat. § 736.0103(21) defines the term “settlor.” The text of the subsection reads: “Settlor” …

Legal Commentary on the Definition of “Ascertainable Standard” Fla. Stat. § 736.0103(3) defines the term “ascertainable standard.” The text of the subsection …

Legal Commentary on the Definition of “Charitable Trust” Fla. Stat. § 736.0103(5) defines the term “charitable trust.” The text of the subsection …

Legal Commentary on the Definition of “Guardian of the Property” Fla. Stat. § 736.0103(12) defines the term “guardian of the property.” The …

Legal Commentary on the Definition of “Property” Fla. Stat. § 736.0103(18) defines the term “property.” The text of the subsection reads: “Property” …

Legal Commentary on the Definition of “General Power of Appointment” Fla. Stat. § 736.0103(10) defines the term “general power of appointment.” The …

Legal Commentary on Fla. Stat. § 736.0415 Fla. Stat. § 736.0415 establishes that a trust may be reformed to eliminate a mistake …

Legal Commentary on the Definition of “Interests of the Beneficiaries” Fla. Stat. § 736.0103(13) defines the term “interests of the beneficiaries” The …

Legal Commentary on the Definition of “Distributee” Fla. Stat. § 736.0103(8) defines the term “distributee.” The text of the subsection reads: “Distributee” …

Legal Commentary on the Definition of “Permissible Distributee” Fla. Stat. § 736.0103(15) defines the term “permissible distributee.” The text of the subsection …

Legal Commentary on the Definition of “Terms of a Trust” Fla. Stat. § 736.0103(24) defines the term “terms of a trust.” The …

Legal Commentary on Fla. Stat. § 736.0407 Fla. Stat. § 736.0407 establishes that oral trusts are generally allowed in Florida, if the …

Legal Commentary on the Definition of “Trust Instrument” Fla. Stat. § 736.0103(26) defines the term “trust instrument” The text of the subsection …

Legal Commentary on Fla. Stat. § 736.0112 Fla. Stat. § 736.0112 eliminates local qualifications for foreign trustees who receive distributions from an …

Legal Commentary on Fla. Stat. § 736.0111 Fla. Stat. § 736.0111 governs nonjudicial settlement agreements, which are binding agreements among interested persons …

Yes, a revocable trust can be converted into an irrevocable trust in Florida. The simplest way to accomplish this is through a …

Legal Commentary on Fla. Stat. § 736.1301 Fla. Stat. § 736.1301 preempts the federal Electronic Signatures in Global and National Commerce Act …

Legal Commentary on Fla. Stat. § 736.1303 Fla. Stat. § 736.1303 establishes that trusts are included under the Florida Trust Code even …

Legal Commentary on Fla. Stat. § 736.0507 Fla. Stat. § 736.0507 establishes that a personal creditor of a trustee cannot go after …

Legal Commentary on Fla. Stat. § 736.1003 Fla. Stat. § 736.1003 makes clear that a trustee is liable for any loss of …

Legal Commentary on Fla. Stat. § 736.0811 Fla. Stat. § 736.0811 establishes that a trustee has a duty to “take reasonable steps” …

Legal Commentary on the Definition of “Beneficiary” Fla. Stat. § 736.0103(4) defines the term “beneficiary.” The text of the subsection reads: “Beneficiary” …

Legal Commentary on Fla. Stat. § 736.151 Fla. Stat. § 736.151 makes clear that real property in a community property trust may …

Legal Commentary on Fla. Stat. § 736.1401 Fla. Stat. § 736.1401 gives the Florida Uniform Directed Trust Act its name. Text of …

Legal Commentary on Fla. Stat. § 736.1506 Fla. Stat. § 736.1506 explains the rights and limitations of a creditor who might want …

Legal Commentary on Fla. Stat. § 736.1506 Fla. Stat. § 736.1509 makes clear that a community property trust does not shield assets …

I have (foolishly) made it my goal to provide legal commentary for the entire Florida Trust Code. So far as I am …

Legal Commentary on the Definition of “Guardian of the Person” Fla. Stat. § 736.0103(11) defines the term “guardian of the person.” The …

Legal Commentary on Fla. Stat. § 736.1501 Fla. Stat. § 736.1501 gives the Community Property Trust Act its name. Text of Fla. …

Legal Commentary on Fla. Stat. § 736.1502 Fla. Stat. § 736.1502 provides a list of definitions which apply to the entirety of …

Legal Commentary on Fla. Stat. § 736.1503 Fla. Stat. § 736.1503 lists the four main requirements of a community property trust. However, …

Legal Commentary on Fla. Stat. § 736.0203 Fla. Stat. § 736.0203 gives the Florida circuit courts original jurisdiction over all matters which …

Legal Commentary on Fla. Stat. § 736.0404 Fla. Stat. § 736.0404 limits the allowed purposes of a trust. A trust cannot be …

Legal Commentary on Fla. Stat. § 736.0104 Fla. Stat. § 736.0104 specifies when a person is deemed to know a fact under …

Legal Commentary on the Definition of “Action” Fla. Stat. § 736.0103(1) defines the term “action” as it applies to trustees. The text …

Legal Commentary on Fla. Stat. § 736.08125 Fla. Stat. § 736.08125 protects successor trustees from being liable for the actions of former …

Legal Commentary on Fla. Stat. § 736.1302 Fla. Stat. § 736.1302 is a severability clause for the Florida Trust Code. The statute …

Legal Commentary on Fla. Stat. § 736.0705 Fla. Stat. § 736.0705 establishes the process by which a trustee may resign. At common …

Legal Commentary on Fla. Stat. § 736.0601 Fla. Stat. § 736.0601 establishes the capacity level required for someone to act as a …

Legal Commentary on Fla. Stat. § 736.0101 Fla. Stat. § 736.0101 serves as an introduction to the Florida Trust Code and provides …

Legal Commentary on Fla. Stat. § 736.0102 Fla. Stat. § 736.0102 limits the application of the Florida Trust Code and creates a …

Legal Commentary on Fla. Stat. § 736.0106 Fla. Stat. § 736.0106 makes clear that the common law regarding trusts has not been …

Legal Commentary on Fla. Stat. § 736.1108 Fla. Stat. § 736.1108 takes away a trustee’s ability to enforce a “no contest” or …

No, paralegals cannot do estate planning on their own, but they can provide support in estate planning under attorney supervision. Paralegals are …

The phrase “individually and as trustee” typically identifies that a person is acting both personally and as the trustee of a trust. …

Attorney Hospital Visits Some estate planning attorneys visit hospitals, but it is not a common practice. Estate planning attorneys typically work in …

If you were to pass away, the immediate consequences for your child will depend on several factors, such as your child’s age, …

No, you should not use a lady bird deed to move property into a community property trust in most circumstances. Property deeded …

Yes, you can remove the remaindermen from a lady bird deed without ever informing them of your actions. Removing the remaindermen from …

Although community property trusts are a powerful way to potentially pay less in taxes, they also come with some disadvantages. The trusts …

In Florida, there is no legal title called “godparent.” However, you can designate someone to be the guardian of your children if …

Florida recently passed the Community Property Trust Act. According to the new law, you can now create a trust in Florida for …

Owning a dog is a big responsibility. This is not news to any good pet owner, but it does bring up an …

Yes, you can still get the Florida homestead tax exemption if your property is in trust, as long as you (1) have …

5 Types of Wills for Florida Estate Planning There are five types of valid wills in Florida. 1. Simple Wills A simple …

If you have a child with special needs receiving government benefits, you are likely already aware of the income and asset requirements …

Why do people name a trust as their life insurance beneficiary? If you have created a living trust as part of your …

The IRS probably cannot attach a lien to the remainder interest created by a lady bird deed, but it can attach a …

No, a trust is not generally required to file a tax return if there is no income. However, even a small amount …

Yes, a trustee can also be a beneficiary of that trust. In fact, this is done commonly, especially with spouses. You might …

Trusts are frequently used in estate planning. A trust can help you avoid probate, provide asset protection for your beneficiaries, and let …

All trusts can be broadly broken down into two big categories: revocable and irrevocable. A revocable trust is a trust that can …

I love the Florida Lady Bird Deed (otherwise known as an “Enhanced Life Estate Deed” or a “Lady Bird Trust”). It is an …

Yes, you can put a house with a mortgage in an LLC, but you should take steps to ensure that this action …

The Florida documentary stamp tax is an excise tax on certain documents, including real estate deeds, easement transfers, lease assignments, certificates of …

In Florida, you can put a house with a mortgage into a revocable living trust. However, if you do so, you may …

A will is an estate planning document that generally determines who gets your probate assets after you pass away. An estate is …

No, a Florida certificate of trust does not need to be notarized. However, it should be signed by a trustee. What is …

What is joint tenancy and tenancy in common? Joint tenancy and tenancy in common are two different ways of being co-owners of …

No, homestead property is not a probate asset in Florida. However, the Florida probate court is still often involved in the transfer …

The first estate planning tool that most people think of is a last will and testament. However, there are a number of …

Everyone should have a living will. But some people try to use a living will by itself to prepare for incapacity, and …

Generally, a special needs trust will not reduce your supplemental security income (SSI) benefits. However, some special needs trusts will allow for …

No, as long as the trust beneficiary is alive, Medicaid cannot take money from a special needs trust that is properly drafted …

The most effective way to revoke a Florida lady bird deed is to transfer your property to a third party. It is …

A special needs trust is useless until it has been funded. After all, the trust cannot pay for anything until it has …

What happens to a special needs trust after the beneficiary dies depends on the type of special needs trust. For a third-party …

The ultimate goal of both disability trusts and supplemental needs trusts is to make the trust resources unavailable to the disabled individual …

What is probate? Probate is a court-supervised process that takes place after you die. Probate involves naming a personal representative, paying your …

No, a trust cannot be a trustee of another trust. However, the trustee of one trust may also act as the trustee …

Other than death, an estate plan is useful for incapacity. An estate plan can put people in place to make both financial …

No, a spouse does not automatically inherit everything in Florida. A spouse is entitled to some portion of the estate, but not …

No, an inter vivos trust is not necessarily the same thing as a revocable trust. However, some inter vivos trusts are also …

Yes, a lady bird deed should be recorded with your county’s clerk of court. The recording is not a legal requirement, but …

Yes, a corporation or LLC can avoid probate in Florida. However, this is not done automatically. To avoid probate, you must either …

Medicaid cannot take your life insurance policy while you are still alive. However, if your estate is the beneficiary of your life …

A trust is a single document that might plan for your death or incapacity, whereas an estate plan is a collection of …

In a discretionary trust, the trustee has complete discretion over how, when, and whether to make distributions to beneficiaries. In other words, …

Yes, a trust is legally binding if it is executed correctly and the trust is irrevocable. However, if the trust is revocable, …

No, a Florida will does not need to be recorded to be validly executed. However, your will is typically submitted to a …

After you die, your living trust will be taken over by your successor trustee, who will manage the trust according to the …

Nearly everyone needs a last will and testament. As an estate planning attorney, I can say that with confidence. But the will …

A will can give access to a bank account unless that account has a joint owner or a pay-on-death beneficiary. If the …

No, a will does not need to be signed on every page to be valid. However, signing or initialing every page of …

Yes, the special needs trust can be updated as long as the trust document allows for the trust to be decanted. However, …

Yes, your special needs trust must be approved by the Social Security Administration if you receive supplemental security income. Why does my …

Yes, a notary can witness a will in Florida. However, the notary cannot both witness and notarize the same will. Who can …

No, cremated remains are not part of the probate estate in Florida. In section 497.607 of the Florida Statutes, it is established …

No, a will is not required to be notarized in Florida. However, it is almost always advisable to include a self-proving affidavit …

Your last will and testament is one document regarding your death, whereas an estate plan is a collection of documents regarding your …

Yes, you can name the same person to be both the personal representative of your estate and the trustee of any trusts …

What is a residuary estate? The residuary estate is all property not specifically left to someone in a last will and testament. …

Yes, you may name one of the beneficiaries of your will to also be your personal representative. In fact, this is commonplace. …

A declaration of trust is the instrument that creates a trust. It is also commonly called a “trust document.” Is a declaration …

A Florida last will and testament will not be probated or enforced if it has not been signed by the testator or …

No, a living will does not need to be notarized in Florida. However, it is often wise to have the document notarized …

What is a “No Contest” or “In Terrorem” Clause in a Will or a Trust? A “no contest” clause is a portion …

Income is moved into a qualified income trust by transferring the income into the trust bank account before the last day of …

No, in Florida, a personal representative does not need to be a family member or spouse, as long as the personal representative …

Yes, you should include your funeral wishes in your Florida will. But you should also communicate your burial wishes to loved ones …

The location of your domicile is incredibly important for estate planning. The state in which you reside determines the laws under which …

Yes, a revocable trust can continue after the death of the of the settlor (the person who created the trust). However, if …

No, generally the personal representative is not allowed to alter or ignore a validly executed last will and testament. However, if all …

Yes, unless the terms of the trust say otherwise, a revocable trust can be revoked by will in Florida. Revoke a Trust …

No, Florida does not recognize common law marriages entered into after January 1, 1968. But if you entered into a common law …

Yes. Because railroad survivor benefits come from the federal law and not from the estate of the deceased, the benefits are not …

A Florida lady bird deed, also called an enhanced life estate deed, can be a useful estate planning tool. In fact, the …

Can you give away your assets to qualify for Medicaid? If a disabled individual’s assets are worth too much to qualify for …

A common planning technique for those seeking to avoid triggering the lookback penalty is to spend down assets until the applicant’s assets …

A first-party special needs trust is a special needs trusts created with the assets of the person applying for government benefits.[1] When …

Third-party special needs trusts are trusts funded with assets that the government benefits applicant had no legal right to at the time …

In Florida, one spouse generally may not disinherit the other. The surviving spouse is entitled to an elective share of thirty percent …

A spendthrift clause “restrains both voluntary and involuntary transfer of a beneficiary’s interest.”[1] Simply put, a spendthrift clause protects the assets of …

First-party special needs trusts are irrevocable trusts funded with assets belonging to the individual receiving government benefits. However, transfers to irrevocable trusts normally …

The Florida lady bird deed (also called an enhanced life estate deed) is not the same thing as a quitclaim deed. However, …

Yes, Florida is one the five states that allow lady bird deeds. A lady bird deed (also called an “enhanced life estate …

In Florida, the Next of Kin Law governs inheritance when someone dies without a will. The term “next of kin” refers to …

A pour-over will transfers all assets in your probate estate into a living trust after you die. A pour-over will is often …

A codicil is a document that modifies or updates your last will and testament. A properly-executed codicil will update your will without …