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What Elements Are Required To Create A Valid Trust?

create a valid trust

Remember that it’s never too early or late to consider estate planning. Planning for how to divide your assets is one of the best gifts you can give your family while you are alive. This allows them to focus on grieving when you’re gone and less on legal issues. At the Law Offices of Gary I. Handin, P.A., we understand how to create a valid trust and have years of experience with trust law. We can help you make an informed decision on what is the best way to distribute your estate.

What is a Trust?

A trust is a legal document that allows a property owner to make transfers of said property. When you create a valid trust, you also arrange to have the property managed on behalf of someone else by appointing a trustee.

There are types of trusts available:

  • Living Trusts
  • Testamentary Trusts (found in a will)

At our law office, we help individuals throughout Broward, Miami-Dade, and Palm Beach counties to create a valid trust through our years of experience with trust law.

What is a Living Trust?

A living trust is created while someone is alive. When you create this trust, your assets are placed into the trust so they are titled in the name of the Trustee(s) of the Trust. At that time, you may appoint yourself as the trustee who must administer the trust in accordance with the terms of the trust and make distributions to the trust beneficiaries noted in your written trust upon your death. You also will appoint a successor trustee, who will administer the truth when you die. This person is responsible for whether your assets are managed and distributed as you want upon your death.

Ultimately, a living trust helps avoid probate, but, you will also need a pour-over-will, so that any of your assets that weren’t placed into your trust during your lifetime for any reason, will “pour over” into the trust instead of becoming part of an intestate estate which would then need to be distributed according to state law, instead of the way you set forth in your trust.

What is a Testamentary Trust?

A testamentary trust is one that is included in your will and only comes into existence after you pass away. Trust law can be complex, so hiring an experienced trust lawyer helps you ensure that your trust is created properly during the estate planning legal process.

Requirements for a Valid Creation of a Trust

The requirements for a valid creation of a trust include:

  • A creator (the settlor) who is 18 years or older must deliver a legal title to the property to the Trustee.
  • Property is delivered to the trustee (who is named in the legal document)
  • The trustee holds legal title to the property for the trust beneficiaries (who are also named)
  • There is an intent to create a trust for a lawful purpose
  • The document must be properly executed as required by state statutes.

Our legal team has 50 years of experience creating valid trusts for all of our clients.

Contact an Attorney For Trust Law Advice

Consulting the Law Offices of Gary I. Handin, P.A. helps to ensure you create a valid trust. Our experienced legal team has a deep understanding of trust law and all of the requirements for creating a valid will or trust in Florida. We can help you navigate the legal process and make emotional decisions on how to plan to distribute your estate. To learn more about our legal services, visit Gary. I Handin, P.A. on Facebook or call 954-796-9600.

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Law Offices of
Gary I. Handin, P.A.

Providing professional legal services for the city of Coral Springs. Contact us today for a free consultation – 954-796-9600.

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