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Florida Statute 689.075 | Lawyer Caselaw & Research
F.S. 689.075 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST
View Entire Chapter
F.S. 689.075
689.075 Inter vivos trusts; powers retained by settlor.
(1) A trust which is otherwise valid and which complies with s. 736.0403, including, but not limited to, a trust the principal of which is composed of real property, intangible personal property, tangible personal property, the possible expectancy of receiving as a named beneficiary death benefits as described in s. 733.808, or any combination thereof, and which has been created by a written instrument shall not be held invalid or an attempted testamentary disposition for any one or more of the following reasons:
(a) Because the settlor or another person or both possess the power to revoke, amend, alter, or modify the trust in whole or in part;
(b) Because the settlor or another person or both possess the power to appoint by deed or will the persons and organizations to whom the income shall be paid or the principal distributed;
(c) Because the settlor or another person or both possess the power to add to, or withdraw from, the trust all or any part of the principal or income at one time or at different times;
(d) Because the settlor or another person or both possess the power to remove the trustee or trustees and appoint a successor trustee or trustees;
(e) Because the settlor or another person or both possess the power to control the trustee or trustees in the administration of the trust;
(f) Because the settlor has retained the right to receive all or part of the income of the trust during her or his life or for any part thereof; or
(g) Because the settlor is, at the time of the execution of the instrument, or thereafter becomes, sole trustee.
(2) Nothing contained herein shall affect the validity of those accounts, including but not limited to bank accounts, share accounts, deposits, certificates of deposit, savings certificates, and other similar arrangements, heretofore or hereafter established at any bank, savings and loan association, or credit union by one or more persons, in trust for one or more other persons, which arrangements are, by their terms, revocable by the person making the same until her or his death or incompetency.
(3) The fact that any one or more of the powers specified in subsection (1) are in fact exercised once, or more than once, shall not affect the validity of the trust or its nontestamentary character.
(4) This section shall be applicable to trusts executed before or after July 1, 1969, by persons who are living on or after said date.
(5) The amendment of this section, by chapter 75-74, Laws of Florida, is intended to clarify the legislative intent of this section at the time of its original enactment that it apply to all otherwise valid trusts which are created by written instrument and which are not expressly excluded by the terms of this section and that no such trust shall be declared invalid for any of the reasons stated in subsections (1) and (3) regardless of whether the trust involves or relates to an interest in real property.
History.ss. 1, 2, ch. 69-192; s. 1, ch. 69-1747; ss. 1, 2, ch. 71-126; s. 169, ch. 73-333; s. 1, ch. 74-78; ss. 1, 2, ch. 75-74; s. 5, ch. 95-401; s. 756, ch. 97-102; s. 22, ch. 2006-217.

F.S. 689.075 on Google Scholar

F.S. 689.075 on Casetext

Amendments to 689.075


Arrestable Offenses / Crimes under Fla. Stat. 689.075
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 689.075.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HANSEN, v. E. BOTHE,, 10 So. 3d 213 (Fla. Dist. Ct. App. 2009)

. . . To the contrary, section 689.075(1), Florida Statutes (2005), validates trusts with testamentary provisions . . .

DEXIA CREDIT LOCAL, v. G. ROGAN,, 624 F. Supp. 2d 970 (N.D. Ill. 2009)

. . . . § 689.075(1); Restatement (Second) of Trusts § 57. . . .

In JACK, v. a a f k a N. A., 297 B.R. 279 (Bankr. S.D. Fla. 2003)

. . . . § 689.075(1) (stating that inter vivos trusts are valid even where settlor is sole trustee and beneficiary . . .

ROLLINS v. L. ALVAREZ,, 792 So. 2d 695 (Fla. Dist. Ct. App. 2001)

. . . See also § 689.075(l)(a), Fla. Slat.; G. . . .

In ESTATE OF ROBINSON, ROBINSON, v. Z. ROBINSON,, 720 So. 2d 540 (Fla. Dist. Ct. App. 1998)

. . . Section 689.075(1) indicates that an inter vivos trust should not be deemed the functional equivalent . . . See § 689.075(1), Fla. . . .

ZUCKERMAN, v. ALTER,, 615 So. 2d 661 (Fla. 1993)

. . . 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 . . .

ALTER, v. ZUCKERMAN, 585 So. 2d 303 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

In ESTATE OF DONOVAN, DONOVAN, v. M. HENDRICKSON,, 550 So. 2d 37 (Fla. Dist. Ct. App. 1989)

. . . Hendrickson’s contention that section 689.075, Florida Statutes (1985), which preserves the validity . . .

FEHLHABER, v. FEHLHABER, R. L. R. N. A., 850 F.2d 1453 (11th Cir. 1988)

. . . . § 689.075. Although at one time suspect, see, e.g., Croom v. Ocala Plumbing & Elec. . . .

In ESTATE OF A. KATZ, KENT v. M. KATZ,, 528 So. 2d 422 (Fla. Dist. Ct. App. 1988)

. . . 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 . . .

IN RE ESTATE OF FLOECKHER, 23 Fla. Supp. 2d 14 (Fla. Cir. Ct. 1987)

. . . 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 . . .

In KELLY, 448 So. 2d 621 (Fla. Dist. Ct. App. 1984)

. . . See § 689.075, Fla.Stat. (1983) and Tanner v. Robinson, 411 So.2d 240 (Fla. 3d DCA 1982). . . .

In J. MIMS, J. MIMS, v. COMBANKS CORPORATION, d b a, 33 B.R. 95 (Bankr. M.D. Fla. 1983)

. . . 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 . . .

FLORIDA FIRST NATIONAL BANK OF JACKSONVILLE, v. BAGLEY, 5 Fla. Supp. 2d 89 (Fla. Cir. Ct. 1982)

. . . over the investment and disposition of the Trust assets are consistent with the provisions of Section 689.075 . . .

In ESTATE OF JOHNSON,, 397 So. 2d 970 (Fla. Dist. Ct. App. 1981)

. . . 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 . . .

L. LITSEY, v. FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF TAMPA, a a a a, 243 So. 2d 239 (Fla. Dist. Ct. App. 1971)

. . . . § 689.075, F.S.A. . . . . § 689.075(2) F.S.A. specifically excludes trust accounts, such as the ones involved here, from having . . .