Legal Question in Wills and Trusts in Florida

Trusts

Is my Texas created Trust legal in

Florida?


Asked on 4/22/09, 4:47 pm

2 Answers from Attorneys

Robert Roemer Robert Roemer

Re: Trusts

Usually a Trust sets forth which state law will apply. Probably, the Trust would be "legal" in Florida. There may be provisions that are not but Trusts usually contain a severability clause, which means if one provision is held invalid all the other provision will stand on their own and still be enforceable. If you have specific questions regarding validity I would suggest you have the Trust reviewed by a Florida attorney.

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Answered on 4/22/09, 4:55 pm
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Trusts

depending on the type of trust and the specific language within the trust it is likely "legal". In other words, it is not likely that a Florida court would invalidate the whole thing so long as it has been drawn up and managed properly. However, as Mr. Roemer stated you should probably have it reviewed by a Florida trust attorney for complete evaluation.

A simple review should not take long and should be relatively inexpensive, but could save you many headaches in the future.

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Answered on 4/22/09, 8:25 pm


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