1-561-514-0900 FREE CONSULTATION

Florida Trust Income Beneficiaries: not getting enough income?

Uncategorized Oct 17, 2013

Are you a beneficiary of a Florida trust and not getting enough income?  Florida trust beneficiaries have been frustrated being an income beneficiary in a period of such historically low, and consistently low, interest rates.   After all, government debt is paying in the 2% range and although many companies have increased dividends over the recent past, the average dividend rate for many stocks remains in the 2% range as well.  What is a trust beneficiary of  a Florida trust to do?  Consider a person who retired to Boynton Beach, or Delray Beach, or Lake Worth, or who resides in Boca Raton and created a trust which pays you the income.  The trust creator is also called the  settlor or grantor of the  Florida trust.  Your Florida trustee may be investing the trust assets in some low income producing investments like bonds or t -bills or t-notes.  The rest of the Florida trust may be invested in stocks which pay a low dividend, if any at all.  What can you do as a Florida trust beneficiary?  Well, the beneficiaries of Florida trusts have rights and your inheritance or trust interest does not necessarily mean you don’t have options.   The Florida Trust Code sets forth procedures where a Florida Trust Beneficiary may be able to get more money from the trust.   An income beneficiary of a Florida trust may be able to “adjust” or shift money from trust principal to “income”, giving the Florida trust beneficiary more money.  Florida trusts can also convert your income interest to give you a flat fixed percentage  (%) of ALL trust assets  .  So, if your trust interest, as a Florida income beneficiary, can be converted, you may be able to, for example, receive 5% of all trust assets each and every year: instead of receiving just the income.   Consider a $10,000,000 trust which gives you the income which is 2% or $200,000 a year.  If you were able to convert the income interest in the trust to a unitrust, or a 5% interest, that would be an additional $300,000 a year making no other assumptions.   You can learn more about Florida trusts and Florida estates and what your rights are as a beneficiary are by knowing the Florida Trust Code.  Or talk toa  Florida trust lawyer who administers trusts.  Advocate hard. Litigate smart.