Florida Probate Wills Trusts and Estate Planning Newsletter

Will Formalities

The body of a will is where is where the testator directs the disposition of his or her estate. This article discusses the clauses before the body of the will and the clauses and signature lines after the body of the will, that are necessary to comply with the customs and requirements--the formalities--for the making of a will.More...

Medicaid Trusts

Medicaid is a needs-based (welfare) benefit program administered separately by each state, but funded in part by the federal government and in part by each state. A person qualifying for Medicaid is allowed to have only a minimal amount of assets, other than a home. Although each state may have certain differences in its particular Medicaid regulations, each must follow certain basic federal guidelines in order to be eligible for the federal subsidy. One of those guidelines is the waiting period imposed on a person who transfers assets and later applies for Medicaid benefits.More...

Wills

Basic VocabularyMore...

Distribution Provisions

A very common and valuable provision seen in most family trusts and invariably in dynasty trusts is the spray or sprinkle provision. Where there is more than one beneficiary, this provision allows the trustee to distribute (spray) the income and/or principal among the beneficiaries in varying proportions as the trustee feels appropriate, having in mind their individual needs and circumstances from time to time. In other words, the trustee need not make equal distributions among the beneficiaries, but instead can vary the distributions according to their particular needs, which undoubtedly is exactly what the grantors would do were they alive.More...

Trust Modification and Termination

A court will modify a trust where the trust's leading purpose is frustrated by a specific directive made by the trustor.More...