The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . To the contrary, section 689.075(1), Florida Statutes (2005), validates trusts with testamentary provisions . . .
. . . . § 689.075(1); Restatement (Second) of Trusts § 57. . . .
. . . . § 689.075(1) (stating that inter vivos trusts are valid even where settlor is sole trustee and beneficiary . . .
. . . See also § 689.075(l)(a), Fla. Slat.; G. . . .
. . . Section 689.075(1) indicates that an inter vivos trust should not be deemed the functional equivalent . . . See § 689.075(1), Fla. . . .
. . . district court certified the following question to be of great public importance: WHETHER PARAGRAPH 689.075 . . . We approve the district court’s decision and hold that subsection 689.075(l)(g) creates two alternative . . . Subsection 689.075(1)(g) provides: (1) A trust which is otherwise valid, including, but not limited to . . . Whether subsection 689.075(1)(g) applies to Kahn’s written inter vivos trust depends upon a threshold . . . Such a determination necessarily validates the trust under subsection 689.075(l)(g). . . . In order to properly construe section 689.075, Florida Statutes (1989), it is necessary to understand . . . Chapter 689, Florida Statutes, is amended by adding Section 689.-075, to read: 689.075 Inter vivos trust . . . Paragraph (g) of subsection (1) of section 689.075, Florida Statutes, is amended to read: 689.075 Inter . . . In a circuity of reasoning, the majority construes section 689.075 to mean that “[a]n otherwise valid . . . The 1975 amendment to section 689.075 further reflects the legislature’s intent that one-party trusts . . . The history and interpretation of section 689.075, Florida Statutes (1989), by Justice Grimes in his . . .
. . . Section 689.075 originated as a proposal for statutory reform by James S. Roth. . . . Compare § 689.075, Fla. . . . Paragraph (g) of subsection (1) of section 689.075, Florida Statutes, is amended to read: 689.075 Inter . . . Section 689.075, Florida Statutes, 1974 Supplement, is amended to read: 689.075 Inter vivos trusts; powers . . . Ch. 75-74 §§ 1-2, Laws of Fla., codified as § 689.075, Fla.Stat. (1975). . . . statute pertaining to inter vivos trusts which, with subsequent amendments, is now codified as section 689.075 . . . parties agree on the general purpose of the statute, they disagree on the interpretation of paragraph 689.075 . . . The statute provides: 689.075 Inter vivos trusts; powers retained by settlor.— (1) A trust which is otherwise . . .
. . . Hendrickson’s contention that section 689.075, Florida Statutes (1985), which preserves the validity . . .
. . . . § 689.075. Although at one time suspect, see, e.g., Croom v. Ocala Plumbing & Elec. . . .
. . . disposing of property upon one’s death were considered invalid because illusory, until what is now section 689.075 . . . Section 689.075 says in part the following: (1) A trust which is otherwise valid, including, but not . . . We think section 689.075 makes inter vivos trusts a legitimate way of reducing the assets that are subject . . .
. . . The court is of the view that Section 689.075, Florida Statutes, is applicable to the trust instrument . . . Subparagraphs (l)(a) through (l)(f) of Section 689.075 clearly provide that an otherwise valid trust . . . In view of the clear legislative intent as expressed in Section 689.075(5), Florida Statutes, the court . . .
. . . See § 689.075, Fla.Stat. (1983) and Tanner v. Robinson, 411 So.2d 240 (Fla. 3d DCA 1982). . . .
. . . the leading Florida case decided on the subject of Totten Trusts subsequent to the adoption of F.S. 689.075 . . . invalidate an otherwise valid inter vivos trust if that trust is created by written declaration, F.S. 689.075 . . .
. . . over the investment and disposition of the Trust assets are consistent with the provisions of Section 689.075 . . .
. . . Section 689.075 Florida Statutes (1979) provides that a trust containing various types of provisions . . . Appellant relies on Section 689.075, Florida Statutes (1977) to validate the conveyance. . . . If Section 689.075 was construed to authorize the devise of homestead property in the manner involved . . . We hold only that Section 689.075 does not authorize a disposition of homestead property that is prohibited . . .
. . . . § 689.075, F.S.A. . . . . § 689.075(2) F.S.A. specifically excludes trust accounts, such as the ones involved here, from having . . .