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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 […]


Florida Power of Appointment Trust Case

Probate Information Mar 29, 2021
post about Florida Power of Appointment Trust Case

A January 11, 2021 1st District Court of Appeal appellate opinion sheds light on Florida Power of Appointment Law. A power of appointment is a great power to give, or not give, money and property to others. But remember, an attorney reminds us that they can also be a power of dis-appointment. Many family members want to know what went wrong when they are not left trust money. This can cause trust lawsuits. The power has to be exercised properly, or they don’t work. Recent Caselaw from 1st DCA The 1st District Court of Appeal issued its opinion on January 11, 2021. The case is Ammeen v. Sjogren. This recent case dealt with two important Florida legal issues for probate and trusts. First, can someone who has a power of appointment bind others, even potential trust beneficiaries? This is an issue of REPRESENTATION. Second, who has standing to bring a trust lawsuit when there is a power of appointment? Florida Statutes The Florida Legislature has specific statutes on Florida Power of Appointment law. Fla. Stat. 709.02- 709.07 can be read for free by CLICKING THIS LINK. Chapter 709 of the Florida Statutes deals with Powers of Attorney and also Powers of Appointment. Don’t get them confused. Part I of Chapter 709 deals with Florida Power of Appointment Law. A Power of Appointment is a power given by someone typically called the “grantor” of the power. The one who can exercise the power is often called the “grantee” or “powerholder.” You […]