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Articles Tagged with trust

Curve Balls to Watch for In New Florida Trust Director Law

By Phillip B. Rarick, Miami Trust Attorney, and Hannah S. Rarick, J.D. Candidate

Effective as of last year July 1, 2021, Florida is now 1 of 15 states to enact the Uniform Directed Trust Act (FUDTA), Fla. Stat. §§736.1401 to .1416, that allows a third party other than the Trustee to take over some part of the trust administration – such as supervision of a small family business. This third party is called a Trust Director (or directing Trustee) in the new statute; but is also commonly referred to as a Trust Advisor under prior law or Trust Protector in other jurisdictions.

______ #1.      Trust Funding. After we signed your trust, we reviewed the funding of your trust and I gave you detailed Funding Notes.  Have you followed up on these instructions?   Funding is simply the transfer of your assets into your trust.    It is a good idea to annually review the funding of your trust. It is also advisable to annually sign a new assignment of assets into your trust, that will help sweep into the trust assets acquired to date.

______#2.       Successor Trustee. This is the person you have appointed to step into your legal shoes if you become incapacitated – in other words, one of the most important decisions you can make. Who have you appointed to take charge if you are incapacitated? What is the order of succession of trustees who will take over management of your financial affairs if you are unable to do so?    If you have any question whatsoever about your order of succession, please call the office.

______#3.       Transitions. Has there been a marriage, divorce, or separation of anyone named in your will or trust?    Has there been a birth or adoption of a child or grandchild?  If so, your estate plan may need to be amended.

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