Adhering to the standards of Palm City’s uniform trust code is challenging if you do not know the law or are unsure of which trust could best benefit you. To remedy this impediment, you need to contact a trust and estates lawyer in Martin County who can help you draft a trust while holding the interests of your estate at heart. What the Palm City Unifrom Trust Code Is and How It Applies The Uniform Trust Code (UTC) is a model law used by many states, including Florida. The goal of the UTC is to standardize trust laws across the U.S.A. The UTC addresses all aspects of trust creation, validity, and administration. Representation in Martin County Representation refers to the concept that one person, by virtue of their position, may bind another person on their behalf and serve as a substitute. For example, a parent may represent and bind an unborn child or, in some cases, a minor child. Qualified Beneficiaries and Their Roles A qualified beneficiary, as defined by Fla. Stat. §736.0103(16), means a living beneficiary who, on the date the beneficiary’s qualification is determined: Is a distributee or permissible distributee of trust income or principal Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in paragraph terminated on that date without causing the trust to terminate Would be a distributee or permissible distributee of trust income or principal if the trust terminated in accordance with its terms on that date. For more information on beneficiaries, grantors should contact a trusts and estates attorney familiar with who qualifies as a beneficiary and is knowledgeable of the Palm City uniform trust code. Keeping Beneficiaries Informed A trustee has a duty under FL Statutes §736.0813 to keep qualified beneficiaries informed. Actions that a trustee can take to help fulfill that duty include providing beneficiaries with an initial required notice after accepting the role of trustee, providing a copy of the trust agreement, and providing beneficiaries with trust accountings. Conflicts of Interest In order for representation to be effective, no conflict of interest may exist between the representative and the person represented or among those being represented with respect to a particular question or dispute. A Power of Appointment in Martin County A power of appointment bestows the power upon a beneficiary to direct some or all of their interest in a trust to another. The power can be exercisable during life (a lifetime power of appointment) or only at death (a testamentary power of appointment). The power may be exercisable in favor of anyone including the power holder, the power holder’s estate, the power holder’s creditors, or the creditors of the power holder’s estate (a general power of appointment). Or, the power may be exercisable only in favor of a certain group or class of individuals specified in the trust agreement (a limited power of appointment). While there are many options, all fall within the bounds and regulations of the Palm City uniform trust code. Speak with a Qualified Attorney Today When creating a trust for your estate, grantors need to know that there are laws in place to keep trusts within the scope of acceptable documentation and regulation. The Palm City uniform trust code is that such governing body of standardization. However, the trust code is exceptionally confusing. Thankfully, an attorney can help you navigate the legal nuances of trusts. Reach out to an attorney today.
