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Tag: #powerofappointment

Florida Power of Appointment

FAQs • Jul 28, 2021
post about Florida Power of Appointment

A Florida Power of Appointment might mean that you inherit millions. Or not. Certain family members and heirs may be entitled to know about these odd “creatures” hidden in a Florida Trust Document. If you don’t inherit under a power of appointment, you may or may not have rights to find out WHY you did not inherit. One of the most frustrating things about them may be that your mom or dad has the right–the power!– to give you money or property. A January, 2021 case from Florida’s 1st District Court of Appeal discusses this legal topic. To learn more, read on. Where Can I Read More about Florida Power of Appointment? To read about Florida Power of Appointment, there are two places to start. First, start with Part 1 of Chapter 709 Florida Statues. Most people think of Chapter 709 as dealing with Powers of Attorney, like a durable power of attorney. That’s Part 2. Part 1 deals with Florida power of appointment. Second, did you know that someone with a power of appointment can bind other beneficiaries or even family members? Read a very specific part of the Florida Trust Code. Read 736.0302, Florida Statutes. This is super important. Why? Understanding the Basics A person who creates, or gives, or grants, a power of appointment is called the power creator. A power of appointment is the right, but not necessary an obligation, to give away property. To “appoint” certain property, or a property interest, to others. A person […]

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