Trusts


Kissimmee Trusts Attorney - Lawyer, providing professional Trust Development, Administration and other Probate legal services in Kissimmee, St Cloud, Orlando, Osceola & Orange Counties and the Central Florida area.


A 'Trust" is broadly defined as setting up a form of transferring property or assets while a person is still living that may remain in effect in the event of his or her passing. A Trust may be an important tool in estate planning which may keep part, or all of a person's estate out of probate in the event of his or her passing.

A Trust may be in affect while a person is living, or commence at the time of his or death.

A Trust is often the best method to provide for the needs of a beneficiary who will need continued supervision due to age, disability, other special needs, or lack of financial sophistication.

When a Trust is set up, a Trustee must bee appointed to Administor the Trust. If person setting up the Trust chooses, he or she may be the Administor of the Trust. However, if this is the case, it is always wise to specify an alternative Trustee to ensure the Trust is protected in the event of death.

The Law Office of Ernest J. Mullins, P.A., represents the legal rights and goals of those involved in Trust Development, Administration, or probate issues in Kissimmee, Orlando, Osceola County, Orange County, and the entire Central Florida area. For a confidential legal consultation, please call (407) 846-1111.

Just as with an estate administrator, a Trustee is legally responsible in ensuring they act only in the best interest of the beneficiary of a trust.

There are two kinds of inter vivos trusts: revocable and irrevocable.

  • Revocable Trust: often referred to as "living" trusts, the donor maintains complete control over the trust and may amend, revoke or terminate the trust at any time.

  • Irrevocable Trust: cannot be changed or amended by the donor. Any property placed into the trust may only be distributed by the trustee as provided for in the trust document itself.  Irrevocable trusts are most often used by high net worth clients in a effort to reduce their taxable estate while still maintaining some control over the assets.

Testamentary Trust: is created by a will, and it does not come into existence until a person's passing. A Testamentary Trust has no power or effect until the will of the donor is probated. A Testamentary Trust will not avoid the need for probate and will become a public document, as it is a part of the Last Will and Testament.

Supplemental Needs Trust: is used to enable the donor to provide for the continuing care of a disabled spouse, child, relative or friend. The beneficiary of a specially-drafted supplemental needs trust will have access to the trust assets for purposes other than those provided by public benefits programs. In this way, the beneficiary will not lose eligibility for benefits such as Supplemental Security Income, Medicaid and low-income housing. A supplemental needs trust can be created by the donor during life or be part of a Last Will and Testament.

Credit Shelter Trust: is a way to take advantage of the estate tax exemptions. The amount that may be sheltered has changed considerably over the past decade and is expected to continue changing into the future.  For this reason, a person already has a trust it is wise to review the provisions with an attorney at least once every several years.

Even though a Trust is typically not subject to the probate process, there are still occasions when a trust may und up being disputed in litigation.

When dealing with Trust Development or Administration issues in Kissimmee, Orlando, Osceola County, Orange County, or the surrounding Central Florida area, hiring an experienced Trusts attorney or lawyer may provide the best opportunity to achieve your legal needs and goals.

Anyone requiring professional legal services regarding Trusts or probate issues should be proactive in ensuring their legal needs and goals are met by seeking the legal advice of an experienced Trust Development and Administration attorney, lawyer, or law firm. For a confidential legal consultation contact The Law Office of Ernest J. Mullins, P.A., at (407) 846-1111.


Kissimmee Trusts Attorney - Lawyer, providing professional Trust Development, Administration and other Probate legal services in Kissimmee, St Cloud, Orlando, Osceola & Orange Counties and the Central Florida area.

 

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