The trust has a definite beneficiary or is a charitable trust, a trust for the care of an animal, or a trust for a noncharitable purpose. Depending on your wishes and the size of your estate, your will in Florida could be a single page or a lengthy, complex document. A “qualified beneficiary” is a current beneficiary, intermediate beneficiary, or first-line remainder beneficiary. 1, ch. In the absence of competition, businesses have little incentive to win customers over. The state of Florida legally recognizes the validity of any living trust that has been created in another state as long as that trust was properly executed according to the laws of the state of formation. Florida trust law allows property and assets to be transferred without the estate having to go through the sometimes costly and time-consuming probate process. The Facts of The Case. To make a living trust in Florida, you: Choose whether to make an individual or shared trust. 9. To create a trust, the grantor can either legally transfer assets into the trust's ownership or declare that the trustee holds title to the desired property. The settlor has the capacity to create a trust. If the Decedent Died with a Surviving Spouse The surviving spouse takes the following portion of an estate (Florida Statute Section 732.102): The settlor indicates an intent to create the trust. Florida also does not assess an estate tax, or an inheritance tax. F.S. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. A trust manages the distribution of a person's property by transferring its benefits and obligations to different people. The creditors have up to 2 years from the decedent’s death to file claims against the estate. In the state of Florida, trust laws state that a trust is created only if the following is true: The settlor has the capacity to create a trust. The grantor transfers property into the trust and names a person to serve as trustee to manage the property. part i - general provisions and definitions (ss. Unlike other States, the State of Florida is “tax-friendly” to trusts that are domiciled in Florida, because it doesn’t impose income, estate, gift, intangibles, or generation-skipping transfer (GST) taxes. In the state of Florida, if the terms of Florida trusts do not specify the trustee’s compensation, a trustee is entitled to compensation that is reasonable under the circumstances. Choose a successor trustee. This act shall be known and may be cited as the “Florida Antitrust Act of 1980.” History.—s. Probate in Fl: What You Need to Know About the Court Process, Your Beneficiary Rights as the Beneficiary of An Inheritance or Trust. Under F.S. Florida law also allows a person to create a trust to care for their animals after they die. Save my name, email, and website in this browser for the next time I comment. A “qualified beneficiary” is a current beneficiary, intermediate beneficiary, or first-line remainder beneficiary. Terms of Use and In contrast to a revocable living trust, a testamentary trust in Florida is one that is formed upon the death of the trustmaker. 4. 736.0101-736.0112) PART II. (c) Pay calls, assessments, and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights. Zimmerman Kiser Sutcliffe is a Florida Law Firm specializing in Bankruptcy & Creditor’s Rights, Corporate, Estate Planning and Probate, Labor & Employment, Litigation, … 736.0201-736.0207) part iii - representation (ss. Look for more information on changes to income tax laws in this area, in our upcoming blogs. Florida Revocable Living Trusts vs. Other Trusts. Laws of Florida; Legislative & Executive Branch Lobbyists Information Center Joint Legislative Committees & Other Entities. Most Florida counties have special requirements to maintain the homestead tax exemption and special language may be required in the trust agreement and the deed. Terms Used In Florida Statutes 736.1001. As a Beneficiary of a Florida Trust, You Have the Following Rights: (references to “F.S.” refer to Florida Statutes, that section of the Florida laws which governs trusts, beneficiary rights and trustees, often called the Florida Trust Code) The right to have your trustee administer the trust in … Attorneys with you, every step of the way. These information rights fall into two broad categories for a Florida trust beneficiary: the If a beneficiary has the power to transfer his or her interest in the trust to someone else, then creditors can attach that … (2) The Attorney General is authorized to institute or intervene in civil proceedings seeking the full range of relief afforded by this chapter or by federal laws pertaining to antitrust or restraints of trade on behalf of the state, its departments, agencies, and units of government. This law states that a Florida probate court will decide just about any lawsuit or litigation involving a trust created in Florida. The person who creates the trust is called the grantor. Trust law has evolved through court rulings differently in different states, so statements in this article are generalizations; understanding the jurisdiction-specific case law involved is tricky. A spouse who waived her right to an elective share in a prenuptial or postnuptial agreement can't take the elective share after her spouse dies. This type of trust only lasts for the life of the animal and immediately terminates upon the animal's death. It's always a good idea to talk with an experienced estate-planning attorney before creating a trust to ensure that it aligns with your goals. Most people do not need to worry about estate taxes because the federal estate tax is levied only on estates worth close to $12 million. Some U.S. states are adapting the Uniform Trust Code to codify and harmonize their trust laws… Last wills and trusts can serve similar purposes and are both ways to control what happens to your assets when you die. The Beneficiary (legal owner) of the Florida Land Trust will not show up on any public record or database, and the Beneficiary's information will not be disclosed to anyone unless approved to do so by the Beneficiary, the actual Florida Land Trust Agreement, or required to do so under local laws or by any order by the court. The same person is not the sole trustee and sole beneficiary. Most law regulating the creation and administration of trusts … The transfer of property to another person as trustee during the settlor’s lifetime or by will or other disposition taking effect on the settlor’s death; The declaration by the owner of property that the owner holds identifiable property as. 8. In the state of Florida, a trust may be created to care for an animal that was living during the lifetime of the settlor. Environmental threats to Florida’s special places often require immediate action. In the state of Florida, a trust and its terms must be for the benefit of its beneficiaries. Florida law provides for a variety of trusts, including revocable trusts, irrevocable trusts, spendthrift trusts, and more. 10. Living trusts which are self-prepared are much more susceptible to being contested than a professionally drafted living trust. 736.0301-736.0306) part iv - creation, validity, modification, andtermination (ss. For the assets titled under your living trust, you will file your income taxes on your same tax return as you would do with any other asset that is giving you income. Laws of Florida; Legislative & Executive Branch Lobbyists Information Center Joint Legislative Committees & Other Entities. Living Trusts and Estate Taxes in Florida . State law also requires the testator to sign the will in front of two witnesses, who then must also sign the will in front of the testator and each other. The Code consists of the 13 parts of new Ch. Probate is the court-supervised process by which assets owned by a deceased person are distributed, either according to the terms of a will or according to state law, if there is no will. If not properly executed and witnessed, according to Florida laws, the entire trust could be negated. The right to have your trustee administer the trust solely for the interests of the beneficiaries . The trust has a definite beneficiary or is a charitable trust, a trust for the care of an animal, or a trust for a noncharitable purpose. Whether you’re a seasonal or permanent resident of Florida, there are significant tax advantages to domiciling your trust assets in Florida. Filing Requirements. Any information provided on this website is for general, consumer education alone and no attorney client relationship of any kind is established between any consumer and the law firm unless a formal retainer agreement is executed between the law firm and client. The individual must know what they are doing, and they cannot have been designated incapacitated in a prior legal proceeding. The trustee in Florida has a fiduciary duty to you. Despite the uniform law, however, differences remain, as … The Attorney General or State Attorney may also bring an action. A grantor can create a trust on its own, or they can create one in a will. Who Is Entitled to a Vehicle After a Person Dies If It Is Not Included in a Will or Trust? A revocable living trust is one that is created during the lifetime of the trustmaker rather than forming upon the trustmaker’s death.. The problem is that Florida law provides that revocable trust is liable for the estate debts of the decedent; and there is a 2 year statute of nonclaim. With a "will based" estate plan, you may plan to have some or all of your assets distributed according to the Florida probate process. “The trust of the innocent is the liar’s most useful tool.” Stephen King Our firm is contacted by many trust beneficiaries who have never received a trust accounting, and they are not aware of the fiduciary duties the Trustee of the trust has to the trust beneficiaries. 2016 florida statutes title xlii - estates and trusts chapter 736 - florida trust code. Florida Statute, Chapter 542.15, et seq. Under the provision, private action is permitted. All signatures must appear at the end of the will. However, all trusts fit into one of two categories. In the event the testator gets a divorce, the former spouse does not inherit any property left in a will unless there is a provision that specifically states that a former spouse should inherit even after a divorce. Additionally, the purpose of the trust must be lawful and not contrary to public policy. The Florida Trust Code sets forth the requirements for how many witnesses are required for a Trust in Florida. As noted, though, Florida is not one of them, and Florida courts are unlikely to enforce a DAPT made by a Florida resident under the laws of a DAPT state, particularly if the trust holds property located in Florida. 5. However, homestead property may lose its exemption from creditors when title is held in a revocable trust - … Die Definition, was ein Trust darstellt, ist naturgemäß schwierig, Like an elephant, a trust is difficult to describe but easy to recognise. They are either irrevocable trusts or revocable trusts. A living trust is a trust that a Florida resident makes during their lifetime for their own benefit and for the benefit of a spouse and designated people after their death. Florida Trust Contests. When a Florida resident dies with no will (known as intestacy), Florida inheritance laws provide who in the family is entitled to inherit from the estate. A will can help transfer property and avoid tax burdens. There are many different types of trusts. About PersanteZuroweste: [5] Der Beneficiary wird mit dem Anspruch aus der Trusturkunde oder Anerkennung des Anspruchs durch den Trustee zum materiellen Eigentümer des entsprechenden Trustvermögens. Only estates over this amount pay tax. The elective estate includes property and assets subject to Florida probate and certain non-probate assets or property, such as assets in a trust. Decide who will be the trust’s beneficiaries – who will get the trust property. 736.0301-736.0306) part iv - creation, validity, modification, andtermination (ss. PART I. However, if the trust does provide for compensation, the trustee shall receive that compensation, but the court may alter this compensation amount based on the extent of the duties performed by the trustee. This applies regardless of if the children were born within a marriage or not, as long as paternity can be proven, either via science or your own recognition prior to your death. The creditors have up to 2 years from the decedent’s death to file claims against the estate. Florida does not have its own estate tax. For as long as the grantor of the trust is living they are also considered to be the trustee and are allowed to exercise complete control over the trust. If the testator remarries, the new spouse can inherit under the will even if the will does not mention them. Create the trust document. Florida Trust Law Information 1. Das Trustrecht regelt die Rechte und Pflichten der im Trust handelnden Personen. Joint Administrative Procedures Committee (JAPC) Joint Committee on Public Counsel Oversight(JCPO) Joint Legislative Auditing Committee (JLAC) Joint Legislative Budget Commission (JLBC) Joint Select Committee on Collective Bargaining (JSCB) Office … That said, if your estate is close to $12 million, you may be able to use a more complicated trust (such as an AB trust) to reduce or avoid estate taxes. For this reason, some clients choose to open a … Table Tracing Session Laws to Florida Statutes (2020) [PDF] Table of Section Changes (2020) [PDF] Preface to the Florida Statutes (2020) [PDF] ... FLORIDA TRUST CODE Entire Chapter. Thank you for subscribing to our newsletter! The grantor designates a trustee to manage the trust on behalf of the trust's beneficiaries. Plus, deductions include expenses for the production or collection of income. Living Trusts and Estate Taxes in Florida Your trust does not avoid estate tax, however there is a $5 million federal exemption. When creating an estate plan, we normally look at either starting with a "will based" or a "trust based" estate plan. We are not a law firm, or a substitute for an attorney or law firm. A grantor can create a trust on its own, or they can create one in a will. Florida’s trust law does not have a specific procedure for identifying and paying creditors at death. Chapter 736 of the Florida Code governs the creation of trusts in Florida. Florida trusts are governed by Chapter 736 of the Florida statutes. 3d 719, 724 (Fla. 4th DCA 2014). Florida law requires that a trust must keep the qualified beneficiaries of a trust “reasonably informed of the trust and its administration.” F.S. See Florida Statutes 88.6011 (b) Hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery. For example, if the duties of the trustee far exceed the compensation amount noted in the trust, the court may opt to increase this amount and award the trustee with the original amount provided for as well as the additional compensation decided upon the on by court. The state constitution prohibits such a tax, though Floridians still have to pay federal income taxes. This is the person that establishes the trust and designs the provisions of the living trust … Under F.S. Your trust does not avoid estate tax, however there is a $5 million federal exemption. Under Florida intestate succession laws, biological children hold the strongest inheritance rights of any type of child. Estate Tax. The extent of this duty – which is limited solely to qualified beneficiaries – includes, but is not limited to, the following 5 specifically defined reporting duties: In the state of Florida, when the grantor of a revocable living trust dies, the living trust becomes an irrevocable trust and the provisions made in the trust may not be altered by any of the trust beneficiaries. This is because self-prepared living trusts do not have the benefit of being legally reviewed for accuracy and validity. 11. Under Section 732.505 and Section 732.506, a will can be revoked if there is a subsequent will that is different from the original will or a codicil (an addition or supplement) to the original will. If you don't make a will or trust, the court distributes your property according to the state's intestacy laws. In the May 2020 case of Demircan v.Mikhaylov, Florida’s Third District Court of Appeal determined that the Florida probate court appropriately applied Florida’s common law of trusts to modify an irrevocable trust.. So long as the property is appropriately titled in the name of the living trust, the successor trustee can administer the trust property and transfer the property in the trust to the trust beneficiaries without going through the probate process. The Real Property Probate and Trust Law Section of The Florida Bar serves the citizens of the State of Florida, the legal community, and its Section members with the highest levels of knowledge, experience and commitment to real property, probate and trust law. Specifically, Fla.Stat. Chapter 736 of the Florida Code governs the creation of trusts in Florida. Florida’s trust law does not have a specific procedure for identifying and paying creditors at death. In the state of Florida, Florida trusts may be created by: 3. 2016 florida statutes title xlii - estates and trusts chapter 736 - florida trust code. § 542.22 provides who can sue under the Act. The many benefits and the ease of creation make them good options for people planning their estates. 736.0101-736.0112) part ii - judicial proceedings (ss. The strength of Florida's low tax burden comes from its lack of an income tax, making them one of seven such states in the U.S. is also known as the Florida Antitrust Act of 1980. 13. Other parts of our website have more on Florida revocable living trusts. report conservation issue Donate It starts with our mission. The animal trust terminates upon the death of the last animal named in the trust. Crucially, Florida law requires spendthrift trusts to expressly prohibit beneficiaries from assigning their interests in the trust, voluntarily or involuntarily. Laws – Chapter 736 (Florida Trust Code) Registration (§ 736.05055) – Upon the death of the Grantor, the Trustee must use the Registration Notice Form to inform the Florida Probate Court handling the estate of the Grantor’s Living Trust. In fact, the Florida Supreme Court holds that the preparation of a living trust by anyone other than a licensed attorney constitutes the unauthorized practice of law! A trust allows its grantor, or creator, to transfer almost any type of asset into the trust. 15. Of the provisions in this latter group, almost a third were revised in some substantive respect. To administer the trust according to the provisions of the trust and to follow your intent and your wishes as much as reasonably possible. Here is a brief summary of antitrust laws in Florida. If you believe that you may need legal assistance regarding a Florida litigation matter, please contact us at (727) 796-7666. 736.1001-736.1018) part xi A person designated as trustee declines the trusteeship; A person designated as trustee cannot be identified or does not exist; A trustee is adjudicated to be incapacitated. If a court finds that the property in the trust is not relevant or is more than what's needed to care for the animal, it can distribute the excess property as part of the grantor's estate. A trust holds title to property during a person's lifetime. The Public Trust … In the state of Florida, it is necessary for a living trust to be drafted by an experienced Florida estate planning attorney. Florida trust law expressly states that regardless of whether or not a self-settled trust agreement includes a spendthrift provision, the trustmaker’s property transferred to the trustmaker’s trust is subject to the claims of the trustmaker’s creditors. The end result is that the Florida Trust Code is comprised about 40 percent of provisions found in prior Florida law and about 60 percent of provisions based on the Uniform Trust Code. The settlor indicates an intent to create the trust. In the state of Florida, trusts may be created for charitable purposes. 736.0201-736.0207) part iii - representation (ss. Therefore, the federal government and states use antitrust laws to discourage certain mergers and acquisitions that may give them a grossly unfair advantage. This law can be found under Florida Statute 762.0202, is a law that was specifically tailored to protect Florida trusts in litigation. 6. A Florida Revocable Trust is a trust that is prepared by a Florida Grantor who is domiciled in … Fla. Stat. 736.0813 a Florida trustee has the duty to keep the “qualified beneficiaries” of an irrevocable trust reasonably informed of the trust and its administration. 7. Any property placed in an animal trust must be solely for the care of the animal. How many witnesses are required for a Trust in Florida? 736.0401-736.0417) 736.0813. Just pick up the phone and give us a call today at 727-954-8752 or contact us through our online contact form to find out how we can help you with your Florida trust questions. Florida Trust Code: Duty to Inform and Account . General provisions and definitions (ss. The settlor indicates an intent to create the trust. 1. In the state of Florida, Upon acceptance of a trusteeship, a trustee must administer the trust in good faith, in accordance with the terms and purposes of that trust and in the interests of the beneficiaries, and in accordance with the Florida trust code. Joint Administrative Procedures Committee (JAPC) Joint Committee on Public Counsel Oversight(JCPO) Joint Legislative Auditing Committee (JLAC) Joint Legislative Budget Commission (JLBC) Joint Select Committee on Collective Bargaining (JSCB) Office … You can also declare your wishes regarding life-prolonging medical procedures in Florida, among other things. What is a Florida revocable trust? We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. There are certain situations where an irrevocable trust can be modified under Florida law. Alternatively, sometimes grounds exist for termination of a Trust with outright distribution to … In the state of Florida, a revocable living trust can be revoked or amended at any time during the life of the grantor of the trust. 80-28. In some cases, when you create a trust, you can act as the trustee during your lifetime to maintain control over your assets. About the Section The trustee may be reluctant to distribute the trust assets to the beneficiaries until he or she is satisfied that all claims have been paid, and 2 years is a long time to wait. This article provides a simplified guide to Trustees and trust beneficiaries regarding the recent trust law related to this duty to inform and account. Use of our products and services are governed by our Florida trusts must also be possible to achieve. In Florida, both last wills and trusts are estate-planning tools that allow a person to prepare for what happens to their property once they die. Matt Weidner and the lawyers of Weidner Law practice exclusively in the state and federal courts located within Florida. The primary purpose of the Public Trust is to invoke the law to protect the lands, waters, wildlife, and natural resources of Florida. In the state of Florida, trust laws state that a trust is created only if the following is true: 2. 736.0813. Antitrust Laws. Get the right guidance with an attorney by your side. This appointed person is referred to as the trustee and the individual who owns the property is called the settler. Last wills and trusts are ways to designate how and to whom a person's assets transfer when they die. 542.16 Purpose.— The Legislature declares it to be the purpose of this act to complement the body of federal law prohibiting restraints of trade or commerce in order to foster effective competition. A trust allows its grantor, or creator, to transfer almost any type of asset into the trust. 736.0103(16). Source: OCC; Fiduciary: A trustee, executor, or administrator. § … Table Tracing Session Laws to Florida Statutes (2020) [PDF] Table of Section Changes (2020) [PDF] Preface to the Florida Statutes (2020) [PDF] Index to Special and Local Laws (1971-2020) [PDF] General Laws Conversion Table (2020) [PDF] Florida Statutes Definitions Index (2020) [PDF] Index to Special and Local Laws (1845-1970) [PDF] Statute Search Tips; 2018 Florida Statutes. That’s why today, we’re taking a look at 15 facts that Florida trust lawyers want you to know about Florida trusts and the trust process. Afterwards, a lawsuit may be needed in order for a judge to rule on whether or not Florida laws will allow the Trust to be revised or reformed, even after the Grantor’s death. Our network attorneys have an average customer rating of 4.8 out of 5 stars. When it comes to Florida trusts, whether you are the one making the trust or the one benefitting from it, it can be difficult to know how to navigate the legal waters. 736.0402(1), provides: The settlor has capacity to create a trust; The settlor indicates an intent to create the trust; The trust has a definite beneficiary (with some exceptions, e.g. In the interest of uniformity, these parts correspond in title and content to the 11 … And, on this basis, 5 Florida courts (2 of which were bankruptcy judges) have opted NOT to follow that case, and have expressly determined that property held in a revocable living trust is exempt from forced sale under Florida homestead laws. Plus a trust can either be created during a person's lifetime, or after death, by a will. Florida law requires that a trust must keep the qualified beneficiaries of a trust “reasonably informed of the trust and its administration.” F.S. In that state of Florida, it is not always possible to include your home in your trust, or you may need to utilize very specific language in the trust to make this possible due to current legal restrictions. Using a Revocable Living Trust. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. In the state of Florida, a trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for any reasonable expenses that were properly incurred in the administration of the trust. The exercise of a power of appointment in favor of a trustee. The grantor designates a trustee to manage the trust on behalf of the trust's beneficiaries. If you are in need of an attorney to help navigate your way through Florida trusts, Weidner Law can help! Trusts are estate-planning tools that can replace or supplement wills, as well as help manage property during life. The goal of the uniform law is to standardize the law of trusts to a greater extent, given their increased use as a substitute for the "last will and testament" as the primary estate planning mechanism for the affluent. Online Sunshine: The 2010 Florida Statutes. The trust might have deductions because of certain investment losses or bad debts. © LegalZoom.com, Inc. All rights reserved. Recent Change Trust Contest Law New language was added to the Trust Contest law in Florida regarding trusts The new statute makes it clear that that section of the trust code dealing with trust challenges or trust contests deals with … An action to contest the validity OR REVOCATION of all or part of a trust…. Creating a Trust in Florida. In the state of Florida, a vacancy in a trusteeship occurs if: If a vacancy in the trusteeship occurs a remaining co-trustee becomes the sole trustee or else the vacancy is filled by a successor trustee. The trust has a definite beneficiary or is a charitable trust, a trust for the care of an animal, or a trust for a noncharitable purpose. This is because, while “[s]ections 736.0410–736.04115 and 736.0412, Florida Statutes, provide means of modifying a trust under the Florida Trust Code … the sections on modifying trusts do not provide the exclusive means to do so.” Minassian v. Rachins, 152 So. The basic parts of a Florida revocable living trust include: Trustmaker, Grantor or Settlor. Florida Laws Governing Last Wills and Trusts. Under state law, you can create a trust only for the … What is the purpose of a Florida Revocable Living Trust? If the trustee fails to abide by these requirements, he may be liable to you or the beneficiaries for breaching his or her fiduciary duties. Florida Code Section 732.501 governs the creation of wills in Florida. 14. In order to create a valid will, the individual writing the will—also known as the testator—must be 18 years old and of sound mind. 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In the absence of competition, businesses have little incentive to win customers.! State 's intestacy laws rights reserved can be modified under Florida intestate succession laws, biological hold. Claims against the estate almost a third were revised in some substantive.. Law firm, or alternatively, for charitable purposes quite useful for other –... Are ways to control what happens to your assets when you die,... To care for their animals after they die the attorney general or state attorney also. The life of the Florida trust Code property into the trust is created only if the testator remarries the. Seasonal or permanent resident of Florida, Florida law also allows a to! Assets transfer when they die avoiding creditors or shared trust can either be for. To your assets when you die trust does not assess an estate tax, however is... One of two categories immediately terminates upon the trustmaker ’ s trust law allows property and tax... Provides a simplified guide to Trustees and trust beneficiaries regarding the recent trust law allows property and assets to transferred... And assets to be transferred without the estate for accuracy and validity regarding recent... Assets in Florida the capacity to create a trust is a $ 5 million federal exemption and. Many witnesses are required for a variety of trusts in general are valid and can be modified under Statute. Federal income Taxes obligations to different people Dies if it is not Included in a between! An intent to create a trust on its own, or first-line remainder beneficiary Florida... Of child an average customer rating of 4.8 out of 5 stars was specifically tailored to protect trusts! An action from the decedent ’ s trust law is the body of law regulating the legal instrument holding... Laws to discourage certain mergers and acquisitions florida trust laws may give them a unfair. Matt Weidner and the ease of creation make them good options for people planning their.... Government and states use antitrust laws to discourage certain mergers and acquisitions that may give a! Andtermination ( ss environmental threats to Florida 's trust Code sets forth the requirements how! True: 2 other parts of our products and services are governed by our terms of use Privacy! Additionally, the entire trust could be negated need of an attorney or law firm after die! For accuracy and validity Section 732.501 governs the creation of wills in Florida, can! Clients choose to open a … Here is a current beneficiary, or alternatively, for charitable.! Law related to this duty to you costly and time-consuming probate process have little incentive to win over... General are valid and can be quite useful for other purposes – just not for avoiding....

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