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Funding Your Revocable or Irrevocable Trust

In Florida, a trust is not valid until funded.  Many trusts need to be funded prior to your death to be used in the way intended.  Often, individuals create trusts and forget to fund them during their...

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General Duties of a Trustee

The duties of a trustee vary depending on the laws of the state in which the trust is situated and the extent of the trustee’s powers provided for in the trust agreement. In some cases where there are...

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Reasons why a beneficiary might disclaim an inheritance

Most people assume when they receive an inheritance, either through a will or a trust, that they must accept it. This is actually not the case as a beneficiary is also allowed to disclaim, or not to...

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Why you should name a trust as the beneficiary of your life insurance

Naming a trust as a beneficiary of life insurance policy can have a huge benefit for people with large estates that are not taxable. It is also a great way to protect the insurance proceeds from future...

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What is a Trust Protection and Why would I want one?

A trust can be amended it a number of ways depending on whether the trust is revocable or irrevocable. Usually, an irrevocable trust cannot be modified unless there is a judicial modification or the...

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Incentive Trusts

Incentive trusts are important to consider with estate planning. One of the best tools in estate planning for encouraging positive behavior is through an “incentive trust.”  An Incentive trust is a...

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Can a grantor be a trustee?

Can a grantor be a trustee? The Irrevocable trust is one of the most valuable tools for estate planning and Florida asset protection that is available. These trusts are not only a great way to pass...

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Manifestations of Intent by Settlor

For a trust to be legally valid, it must have six elements.  One of these required elements is that the settlor of the trust, or the person that creates the trust, must intend to create the trust.  For...

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Keeping Beneficiaries Informed in Florida

Every trustee of a Florida Trust may have a fundamental duty to keep the trust’s beneficiaries informed of the administration of the trust.  Florida Statute Section 763.0813 provides that a trustee...

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A Spendthrift Provision Can Protect Against Civil Judgments

Yes A Spendthrift Provisions Can Protect Against Civil Judgments What is a Spendthrift Provision? One of the best forms of asset protection we can provide is through a trust that contains a spendthrift...

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