Talk of The Villages Florida - View Single Post - Do We need a "Trust"?
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Old 12-23-2021, 10:01 AM
manaboutown manaboutown is offline
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"If your main goal is to avoid probate court, so long as you have assets that will not pass through probate then you will not need a trust. However, if you have assets that will pass through probate, the a Florida revocable living trust will be a good idea."

"The living trust should be drafted in a way that gives the successor trust discretion to make distributions. If the trustee is required to make distributions then that living trust will have less protection.

The reason for this is that the creditor of your beneficiary cannot force the trustee to make distributions. The creditor can only attack the distribution once it is made to your beneficiaries.

Another provision that can be added is an “spendthrift provision.” The spendthrift provisions makes it so that your beneficiaries cannot assign their interest in the trust to anybody else, thus providing protection against creditors. Although the spendthrift provisions has some exceptions, it is still an useful tool to provide creditor protection to the beneficiary."

"If you have a child with special needs or if you intent to provide with your inheritance for someone that is receiving Medicaid or governmental benefits, then you must set up a Florida revocable living trust with a special needs trust built into it.

If a child with special needs or a disabled person receiving governmental benefits like Medicaid receives an inheritance, then that inheritance will be counted against them for the purpose of qualifying for the governmental programs.

The purpose of the special needs trust is supplement the governmental benefits and not eliminating the need for it. A lot of the time, there is no inheritance that will be large enough to cover for the expenses of health care that the person will need."

From: Florida Revocable Living Trust - Comprehensive Guide

A RLT with spendthrift provisions and a few other protective features may be able to protect the trust held assets of the inheriting beneficiaries from situations such as a lawsuit resulting in sizable financial liability, a bankruptcy, or a greedy divorcing spouse.
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Last edited by manaboutown; 12-23-2021 at 11:06 AM.