VanNess & VanNess, P.A.

trust administration Archives

Is your loved one vulnerable to undue influence?

Watching our loved ones age can be difficult. They can gradually go from being completely independent and caring for others to needing support themselves. Once they do need assistance, it can be challenging to comprehend how much help they actually require.

Trust administration and relevant income taxes will be heard by the U.S. Supreme Court

Trust administration and relevant income taxes will be heard by the U.S. Supreme Court in 2019. Since residents of Florida generally pay no personal income taxes, the outcome of this case is of great importance to our state. The Florida personal income taxation policy applies not only to earnings from wages, salaries or tips, it also applies to income received from a Trust. The State of Florida does not generally tax a Trust's income. 

Create a solid estate plan through use of a trust

One of the main reasons to create a solid estate plan is to make the vision you have for your legacy a reality. A key tool in estate planning is often some form of trust. Assets are accumulated in the instrument, and the subsequent distribution of that wealth occurs within the strict rules you lay out as the creator of the trust. In many instances, the trust may have a provision that calls for its termination. But what if the conditions that prompted the creation of the trust change before the anticipated end date?

The investment mandate: The check and balance in trust management

Pensions are largely a thing of the past. 401(k)s and Social Security are now foundational elements of a solid retirement plan. If you are among those in Florida with significant assets, establishing a trust is another legal tool for protecting wealth and maximizing its value to you and others you might choose.

Selecting the right trustee for a family trust fund

Trusts have an important role to play in the future financial and estate planning of many people in Florida. A trust fund is one way to set aside and protect a specific group of assets that a person wants to use to support another person. Trust funds can be set up with a range of different beneficiaries, including children, grandchildren, friends or other family members. The trust will be administered by a trustee, which is a person or institution named by the creator of the trust to make decisions about how the funds are used. Choosing the right trustee can be very important in helping to ensure that the assets of the trust are properly maintained.

How to choose a trustee

Most Florida parents and others in the United States want to leave their children and grandchildren enough to live on. However, different people may have different beliefs when it comes to how much is enough for someone to live on. One way to help future generations manage their inheritance is to create a trust. Doing so may allow an individual to place specific parameters on how assets are used and when.

Duties of the trustee for an ILIT

Taxes can eat up a chunk of an estate before any distribution of assets to beneficiaries. Florida residents looking to ensure their beneficiaries receive all or most of the assets left to them will want to consider the many trust vehicles. These have typically been designed for the purposes of protecting the decedent's wishes and protecting the estate from legal challenges. However, each type has certain requirements. A most important need in setting up an irrevocable life insurance trust is ensuring a responsible trustee understands the responsibilities.

The roles and responsibilities of an estate executor

There are several steps that a Florida resident must take when administering an estate or a trust. First, he or she should order at least 10 copies of a death certificate, which may be done in coordination with a funeral director. If probate is necessary, an administrator must generally wait until the court appoints that person to be the representative of the estate.

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