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What Is a Florida Fiduciary — Palm Beach Estate & Trust Law

Uncategorized May 1, 2014

What exactly is a fiduciary in the Florida world of trusts, estates and wills ?  Well, the definition should be easy enough, but let’s consider what a fiduciary is for prudent investing and investment of $$ for another, like a Palm Beach estate or a Boca Raton trust.  Palm Beach Guardians, listen up: this means you , too.  Yes, the Florida Probate Code & the Florida law of investing coincide.  Ask your Palm Beach probate lawyer.

 

What is a Florida Fiduciary?

  • Before we get there, are there some basic principles about what a Florida fiduciary is?
  • Yes !
  • A fiduciary is generally
  • A person or an institution like a Florida Bank or Florida Trust Company
  • That agrees to serve
  • And manage property, including cash or stocks & bonds
  • For another
  • According to certain guidelines
  • Like a trust document or the Florida Probate Code if there is an estate or a Palm Beach Probate

Florida Prudent Investing:  Read Chapter 518 !

  • If you are a trustee, guardian or an executor of a Palm Beach probate, (personal representative), you need to read Chapter 518
  • And your Palm Beach probate lawyer needs to read Chapter 518 of the Florida Statutes

Defining a Florida Fiduciary for Prudent Investing Purposes

A Florida Fiduciary is Defined As……….

  • as an executor,
  • administrator,
  • trustee,
  • guardian
  • or other person, whether individual or corporate, who
  • by reason of a written agreement, will, court order, or other instrument has
  • the responsibility for the acquisition, investment, reinvestment, exchange, retention, sale, or management of
  • money or property of another

What is Florida’s Prudent Investor Rule ?

Here’s the free link to Florida’s Prudent Investor Rule which every Palm Beach trust beneficiary & trustee should know:

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0518/Sections/0518.11.html