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(1) Upon the death of a settlor of a trust described in s. 733.707(3), the trustee must file a notice of trust with the court of the county of the settlor's domicile and the court having jurisdiction of the settlor's estate.
Once the qualified beneficiary gives notice he or she has a right to request a copy of the actual trust instrument. In general, a trustee is required to provide a qualified beneficiary with a complete copy of the trust instrument. A trustee must also provide a trust accounting upon reasonable request.
When you create a living trust in Florida you are the grantor of the trust, the one who decides its terms and places assets in it. You select a trustee who manages the assets. It is common to choose yourself as trustee, but you can pick anyone you want.
The process of transferring ownership of a property to a trust requires the owner of the property to prepare and sign a new deed. Although you are not required to seek professional guidance to fill out the necessary forms, the best way to prepare a deed is to work with an expert legal counselor.
While a person can get a free or low-cost will form online, or a simple will with an attorney, a living trust is a more complicated document that legally must be prepared by an attorney in Florida.
Section 736.0412, Florida Statutes, provides that an irrevocable trust can be terminated without court approval if the trustee and all ?qualified beneficiaries? unanimously agree to do so. The process is referred to as ?nonjudicial termination? of trust, and is permissible for only certain trusts.
No. It is a private document which, unlike a Will, is not entered into public record. You should be aware that if you own any interest in real property, your deed should be filed as a matter of public record.
The notice of trust is only filed with the clerk of court in the county where the decedent resided at the time of his or her death. As a result, a creditor will need to be checking the court docket for the county where the decedent lived in order to detect the notice of trust.
To make a living trust in Florida, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.
It is a private document which, unlike a Will, is not entered into public record. You should be aware that if you own any interest in real property, your deed should be filed as a matter of public record. However, this is the case with all real property, whether or not you place it in a Living Trust.