Revocable Trust (Living Trust)
This estate planning tool provides a management plan for assets during incapacity and facilitate a private distribution of assets at death, thereby avoiding the probate process. Click Here
An irrevocable trust is a legal entity where the terms of the trust do not allow revocation, modification, or amendment in any way. This may be used as a tool in long term care planning and estate planning when determined by an experienced attorney based on an assessment of your particular situation. Click Here
Special Needs Trust
A Special Needs Trust can be created as a stand-alone document or, within a Will or Trust to hold assets, an inheritance or, a lawsuit settlement so that a child or adult with special needs does not lose their government benefits. Click Here
Representation of Trustees
In Florida a Trustee has specific legal duties that must be fulfilled in order to properly administer a trust such as a revocable trust, insurance trust or special needs trust, and avoid personal liability. Our firm will use its experience to counsel you about:
- The Prudent Investor Rule,
- Interpreting the trust agreement,
- Requirements for providing a trust inventory and accountings to the beneficiary(ies).
- The new Florida Trust Code
- Government benefit rules that are unique to special needs trusts, and much more.
You may have chosen a dear family member who is the most honest, well-intentioned and dedicated advocate serving as trustee for the beneficiary. They may spend hours speaking with doctors, social workers and residential counselors. They may use those trust funds to make the beneficiary’s life as comfortable and enjoyable as possible. However, if they cannot accurately account for every dollar spent from the trust, they are potentially liable. If the Trustee spends trust funds in a manner that violates an SSI or Medicaid program rule, then the trust beneficiary’s government benefits may be at risk.
We strongly recommend that a trustee not ‘cut corners’ by guessing what their responsibilities are without competent legal counsel. A trustee could be violating the law which may result in being removed as trustee and/or being surcharged for failure to properly administer the trust. After consulting with us you will be educated and feel confident you can fulfill your fiduciary responsibilities to the beneficiary(ies)