Legal Question in Civil Litigation in Florida

A Florida domiciliary creates a spendthrift trust for the benefit of an adult grandchild. The Grandchild is sui juris and a resident of Pennsylvania. The Trustee, (the Grandchild's uncle) is also a Pennsylvania resident, and is likely to move the entire corpus to Pennsylvania for ease of access.

Question (1) : Will the courts of Florida require that the trust fund to be established by the Trust be deposited with a Florida bank, or can the Trustee move the entire corpus to Pennsylvania but still retain the benefit of the Spendthrift provisions of Florida's statutes?


Asked on 2/02/16, 2:55 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Does the Trust indicate what state law is to be applied?

Unless the trust indicates otherwise the trustee can chose the situs of the investment.

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Answered on 2/02/16, 3:03 pm


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