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Florida Living Trusts by Bryce Davis: Secondary Sources

Definitions

trust, n. (15c) 1. The right, enforceable solely in equity, to the beneficial enjoyment of property to which another person holds the legal title; a property interest held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary).

 
 
beneficiary (ben-<<schwa>>-fish-ee-er-ee or ben-<<schwa>>-fish-<<schwa>>-ree), n. (17c) 1. A person for whose benefit property is held in trust; esp., one designated to benefit from an appointment, disposition, or assignment (as in a will, insurance policy, etc.), or to receive something as a result of a legal arrangement or instrument. 2. A person to whom another is in a fiduciary relation, whether the relation is one of agency, guardianship, or trust. 3. A person who is initially entitled to enforce a promise, whether that person is the promisee or a third party.

BENEFICIARY, Black's Law Dictionary (9th ed. 2009), beneficiary

"A living trust is nothing more than a contract between the maker of the trust agreement and the trustees. The trustees promise to administer assets and income during and after the lifetime of the maker as stated in the contract. Administration is for the benefit of beneficiaries."

14 Fla. Prac., Elder Law § 10:1 (2013-2014 ed.)

"Trusts created by written contract between a settlor (also known as a Grantor, the person who makes the trust agreement) and trustee (the administrator)...are called “inter vivos trusts” or “living trusts” in that they are meant to take effect during the maker's lifetime. In contrast, trust obligations and duties created in one's last will and testament are called 'testamentary trusts.'"

14 Fla. Prac., Elder Law § 10:2 (2013-2014 ed.)

Breakdown

Secondary sources are sources that explain or summarize the law. Researchers who are untrained in the law should almost always begin with these sources.

Though generally not legally binding authority, they provide a good place to start research, as well as tend to utilize less impenetrable language than primary sources. Treatises, Law Reviews, and Restatements of the Law all provide a useful breakdown of a particular area of the law helpful for identifying issues.

Additionally, nearly every law library will have American Jurisprudence or Florida Jurisprudence (in Florida) available in print, and these are excellent sources to begin your research with.

There is also a list of helpful organizations on this page that will provide straightforward advice to the nonlawyer.

Organizations

The Florida Bar: http://www.floridabar.org/

Free legal information, forms, attorney referrals, and other materials

Elder Law Section of the Florida Bar: http://www.eldersection.org/

Information specific to Senior Citizens, as well as general probate, will, trust, and estate information valuable to all

Legal Encyclopedias

"This article discusses the law of trusts in Florida, including express trusts, both inter vivos and testamentary, and implied trusts, both resulting and constructive.
Included in the discussion are such matters as the creation and validity of trusts; the construction of trust instruments; the elements and requisites of trusts; the modification, amendment, and the termination of trusts."

55A Fla. Jur 2d Trusts Summary

Introductory article explaining the importance of the Florida Trust Code and the basics of Florida trusts. This is an excellent place to start if completely unversed in trust law.

"A 'trust' exists where the legal title to property is held by one or more persons, under an equitable obligation to convey, apply, or deal with such property for the benefit of other persons"

Law Reviews & Journals

Article on the importance of seeking out qualified, licensed attorneys to create trusts: 

Steven G. Nilsson, Are Living Trusts Void When Commercially Formed Through the Unauthorized Practice of Law?, Fla. B.J., APRIL 1995, at 24

IMPORTANT NEW CONSIDERATIONS IN FLORIDA'S TRUST AND ESTATE PLANNING PROCESS

2010 WL 4745670 (ASPATORE), 1

American Law Reports

American Law Reports (ALR) provide an extremely broad survey of American Law, often providing case cites to specific jurisdictions. This annotation on pour-over provisions is an excellent example with Florida-specific cases cited. A pour-over provision in a will is simply a provision that "pours" the decedent's property into an inter vivos trust already in existence; the linked annotation explains it in far greater detail.

ALR's will be available in virtually every law library in the nation.

12 A.L.R.3d 56 (Originally published in 1967)

Restatement 3d of Trusts

Books

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