Gregory Scott Bloshinsky's Answers

Can a Florida DPOA be written to bypass input for incapacity by relatives?

The Power of Attorney is effective as soon as the principal signs it. Thus, it may not require a medical opinion to support it. However, a Durable Power of Attorney executed prior to Oct. 1, 2011 that is contingent on the incapacity of the principal (sometimes called a “springing” power), remains valid but is not effective until the principal’s incapacity has been certified by a physician. Springing Powers of Attorney may not be created after Sept. 30, 2011. Also important to note is that...

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Florida trust accounting

Florida Statutes Section 736.0813 requires a trustee to keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration. One of the requirements is to provide the qualified beneficiaries with an annual accounting. The trust accounting needs to conform with F.S. 736.08135. This law applies to trust accounting periods beginning on or after July 1, 2007. Trust accountings for prior periods may also be required depending upon certain facts and...

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I suspect that there is a trust account for me in a bank/trust company but the trustee won't speak to me.

Under Florida's trust laws, generally, the Trustee of an irrevocable trust is required to keep beneficiaries of the trust reasonably informed about the trust and its administration. This duty to inform and account under Florida law is owed to a "qualified beneficiary" of an irrevocable trust. The Trustee is required to do the following: Upon reasonable request, the Trustee shall provide a qualified beneficiary with a complete copy of the trust instrument, including amendments;...

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Is their a way to access a Testamentary trust that has the restrictions of me having to be 25 years old?

As indicated in a prior answer, the Trustee has a fiduciary obligation to comply with the terms and conditions of the testamentary trust. One Florida law which might be available is Florida Statutes Section 736.0414, which allows a Trustee to terminate the trust if the trust property is below $50,000, whereby the trust is an uneconomic trust. In addition, as a beneficiary, you may request the trustee to make distributions for education or medical needs prior to turning 25 if such...

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As per. rep of my fathers estate. I have LOA, and bond; is it florida law to have a witness when retrieving prop. from dep. box

Once a personal representative has been appointed, the procedures of F.S. 733.6065 and Fla.Prob.R. 5.342 should be followed. An inventory of the contents of any safe-deposit box must be made jointly by any two of the following: an employee of the bank, the personal representative, or the personal representative’s attorney of record. The inventory must be signed by each of them. The original inventory together with a copy of the box entry record must be filed with the court within 10...

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Two last will and testaments

Customarily the preamble (first paragraph) of the latest dated will contains language revoking any and all prior wills and codicils. A quick review of the document should make this clear. Often a codicil is done to amend a will in which case both may be dispositive. In any event, the attorney who assists you with the Estate should review the documents and advise you which document(s) control.

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Trusts

The following Florida Statutes should provide some guidance (F.S. 736.0813). If the Trustee has accepted the Trust and has not complied with the Florida Statute, you may wish to seek counsel. This response is not intended as legal advice or to create an attorney/client relationship.

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Trusts

F.S. 736.0813 states that “[t]he trustee shall keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration.” F.S. 736.0103(14) defines a “qualified beneficiary” as a living beneficiary who, on the date the beneficiary’s qualification is determined: (a) Is a distributee or permissible distributee of trust income or principal; (b) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees...

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My father has an irrevocable trust and is leaving the trustee in only one of my siblings name.

Under the Florida Trust Code, Florida Statutes Chapter 736, and specifically section 736.0813, the Trustee has a duty to inform and account to beneficiaries. Under that section you (and your siblings) may request a copy of the trust and are entitled to accountings. You should consult with local counsel to determine your rights as a beneficiary.

My mom just died and I am the only surviving son. She did not have a will. How do I get a deed to the property

Unless your mom's current deed was a life estate deed (i.e., mom reserved a life estate for herself with the remainder to you), you will need to hire a Florida licensed attorney to assist you with probate. The attorney will review the facts and circumstances and will ultimately either have the Personal Representative deed the property to the heirs determined by the court or obtain an Order which determines the residence is homestead which will also transfer title to the heirs. This...