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Florida Certificate Of Trust Form : Customize, Finish and forward

[Music].this is a special edition of dolphin.financial radio in this podcast host Dan.Wendell brings in a legal expert to.discuss issues surrounding estate.planning in retirement as a fiduciary.and investment advisor focused on.retirement planning Dan appreciates the.importance of having certain legal.aspects of your financial life in order.this is why he has invited Debbie.Faulkner to join him on a series of.estate planning focus podcast debbie is.an estate planning business attorney and.owner of Burke fault air law firm in.Oldsmar Florida she grew up in Palm.Harbor Florida and has been a lawyer for.over a decade Debbie went to Cornell Law.School and obtained her advanced law.degree in taxation with a focus on.family wealth planning as a tax lawyer.she is able to integrate tax planning.into her estate work now let's begin one.of several estate planning focused.conversations on Dolphin financial radio.hello and welcome to another Dolphin.financial radio with me Dan Wendel owner.of the dolphin Financial Group today we.have a special show this is going to be.our first show where we ask lawyer.questions or ask a lawyer tough.questions about estate planning but in.reality this is the first of several.that we're going to do over the over the.course of the year so we're gonna start.off easy not only to keep keep it easy.for Debbie but also to keep it real.because I know a lot of listeners out.there have just basic questions that.they want answers to so Debbie thanks.for coming thanks for doing this this is.gonna be fun and and listeners if you.want to connect with us with Debbie.there'll be notes and links in the show.notes to find out how to connect with us.you can always call and if you have a.question that you want asked about a.legal question that you want an answer.to on the next show just email us and.we'll try and fit it in the next time we.do show together so Debbie thanks for.coming excited to be here.excellent tell me so we heard in the.intro that you've been doing this you.focus on estate planning your local I'm.gonna play.the typical person that comes to me and.I have questions legal questions so I'm.just gonna ask you these and you kind of.give us the answer and tell me what you.think so the first the first thing.people come to me with when it comes to.legal questions a lot of my clients are.a little older so they're in their 50s.60s they say do I need a will do I need.a trust and then they say well what is.it I heard on TV I heard about a will.but I heard about a living will is that.different and I heard about a living.trust what is this so tell me what's the.basics here what's the difference aleut.lee so first and foremost a will and a.trust are both mechanisms or ways that.you can pass your property your wealth.which is called an estate down to the.next generation a trust is often thought.of as something that is solely for the.wealthy but that's simply not true a.trust and a will are both at their core.a set of instructions that tell the.executor or the trustee what you would.like to happen to your property after.you die a trust also advises a trustee.or the person that was equivalent to an.executor how you like your money spent.on yourself if you become permanently.disabled like you have dementia or.Alzheimer's one day in the future a.living will is not the same thing are.living a living will is the what I call.the Terri Schiavo document the living.will tells a physician or a hospital.what you would like to happen to you if.you are in a persistent vegetative state.or if you have an end-stage condition or.a terminal condition that to certifying.physicians tell you you are unlikely to.ever recover from so that is what a.living will is a living trust on the.other hand is a is the set of.instructions that you what you'd like to.happen your property in the event that.you die or become disabled okay so Terry.Schiavo that was Florida that was a long.time ago yes but that was a crazy case I.remember that so now the idea being if.you're living and you can't act on your.own and there's probably some sort of.requirement.to me to get that a living will will.provide directed how is that different.than like a healthcare proxy or is it.the same thing oh it's it's a different.document so a health care proxy also.known as a designation of health care.surrogate and in some states it's.referred to as a healthcare power of.attorney tells the physicians and that.are treating you who you would like to.make a health care choice view if you're.incapacitated like your for example.under anesthesia and a surgeon see.something they want to operate on but.it's not in your prior consent they can.talk to your health care proxy or your.health care designee a living will is is.just used if you're in a persistent.vegetative state or you are the terminal.or nch condition and you to some.physicians have indicated you're never.going to recover that document basically.says please don't treat me with any new.conditions because under the Hippocratic.oath that doctors take if you don't have.that they have to treat anything new and.and basically continue to provide.treatment no matter what a living well.is really a gift to your family so if.you're in one of those situations they.don't have to make a really difficult.decision about whether to quote unquote.pull the plug or leave you continuing to.be treated what a health care proxy or.health care POA allow them to make that.same decision or do you need a living.will a health care proxy typically.allows you allows the proxy to make that.decision for you but it the living will.kind of tells your health care proxy.what your wishes actually are so that.they don't have to make that decision on.your behalf it kind of leaves a lot to.the conscience of the individual you.name so it's really a gift to that.person.okay so let's stay on the living so.we're not dead yet but we want to make.some decisions on on what happens to our.health if we can't make those decisions.or maybe even our finances if we can't.sign our name or something like that so.what do does a health care proxy is that.different than a traditional power of.attorney is it have to be.I just have a power of attorney on my.mom does that mean I can make all.decisions for her without her consent.like you know I'm saying or yes it'd.have to be a healthcare decision.returning it so there are two different.powers of attorneys so the healthcare.proxy or in Florida designation of.health care surrogate is completely.different than their financial power of.attorney your health care individual can.also be different than your financial.power of attorney and often times it is.because typically clients will have one.child who's really great in the medical./ personal realm and one child who may.be great with finances but wouldn't be.uncomfortable making a healthcare choice.so typically I see often clients name.different health care proxies than.financial power of attorney interesting.I guess you could say you know all this.this this one's gonna have trouble.pulling the plug where this one wouldn't.or one child's a nurse and one one.person is an executive out of company.things like that happen often where one.child is involved in the medical field.and one child is not or the other.children are not what if they don't have.this what if someone doesn't have any.sort of power attorney or healthcare.surrogate or durable medical power.turning um doesn't the spouse get first.right to do all this anyway this best.does not have the automatic right to act.on your own behalf you're kidding me.no I'm not kidding it's it's not.automatic and if you think about it it.shouldn't be automatic because there are.all different people who stay married to.people who maybe they don't like or.don't want to be with anymore house is.estranged and that is not a position.that a physician's office would like to.be in as determining whether the spouse.is on good terms with the other one so.in order to receive protected healthcare.information under HIPAA you have to have.a person named to receive that.information so when you execute a power.of attorney law health care power of.attorney or health care proxy you also.execute a HIPPA release that says that.the physician's office is able to.release all of your protected.information.and so we don't have to worry about.being in the Terri Schiavo situation.where we have two different I think it.was two different people want to do two.different strategies with her that's.exactly right and there was a big battle.so she was around for 15 years on on.life support and her husband wanted to.have her pass of natural causes without.medical intervention and any further and.her parents believe that she may.eventually become out of a vegetative.state so that went all the way to the.Supreme Court.absolutely crazy could have been avoided.could have been avoided with one simple.document the living will do you see a.lot of people have this or do most.people do not have this type of document.well if they're coming to you they're.probably they typically are having it.done now what about seventy percent of.the population does not have a will.trust or a state plan in place.that's pretty staggering it's a.staggering statistic anecdotally I would.say that most I would say majority of.the clients that I have that people that.come to me for the first time do not.have these documents exactly and they.were asking me about it and that's why.we're talking today because I think.having these things is critical and.that's a very prime example now let's.move to let's move to the when you pass.away we talked about a will living well.in a living trust well first of all what.does intestate mean does that mean dying.without a will is that what that means.yes so a lot of people that if you die.without a will the government dictates.who gets your money so the federal.government state government state.government so the state of Florida would.dictate if I died and have a will my.wife doesn't get everything.automatically well it depends so under.Florida law there's a statute that.provides who gets your property if you.don't have a will if you are married at.the time that you die and all of your.children are in common that means you're.not you're not neither spouse has.children outside of the marriage and all.children that may exist belong to the.couple together.then all of your property would pass to.your spouse if you're on a second.marriage or you have children outside of.the the marriage either a person then.only half of the property would go to.your surviving spouse and the remainder.to any children that you may have things.like that and it goes on and on and on.there's about 14 different levels if you.if if you have a standard single spouse.children with that spouse could you get.away with not having a will yes in.theory you could then the long-lost.child comes out of the woodwork and.throws it up it just complicates matters.a little bit but it is possible to just.I mean the reason that the law exists in.the way that it does is because it it.covers or takes care of the traditional.family situation but as you know Dan.there are a few and fewer quote unquote.traditional families I'd say that's.definitely the minority and I will also.say that most families the traditional.families included there's always going.to be problems anyway fighting and so.that's right having some directives.having some things written down really.helps goes a long way absolutely and you.know even in a quote/unquote traditional.situation there can be.inadvertent consequences I recently had.a client who well the client was the.surviving daughter but a man passed away.in a car accident unexpectedly.he was in his 40s and left two children.the issue is that he hadn't spoken to.one of his children in 15 years and his.daughter and him were extremely close.but under the law since he was unmarried.of death his estate passed evenly to.both children certainly not what he.intended right and the assistant and the.daughter was probably upset because very.upset then but she had no recourse well.in this particular instance I suggested.to her that we asked the estranged son.to waive all of his rights to the estate.and we were actually successful in.obtaining his consent and waiving his.rights but that's very atypical yeah I.would say so I would say so so probate.is that probate like so the probate is a.fancy legal word that I'd.like greatly because who knows what.probate is anyway that's what we exactly.and ruefully I didn't even learn the.word probate in my first law Law School.program so it's not uncommon to not.understand the word but it really just.means wills and trusts court wills Court.essentially it's where all wills go.after somebody dies.so in essence probate is the Wills court.process and if any property passes.through will it goes to the probate.court and the court supervises your.executor which is called a personal.representative in Florida.it basically supervises the process of.moving your property from you down to.the next generation okay if you don't.have a will does it go to probate.automatically probated yes.so to avoid probate you need a will you.need a trust okay so a will does not.avoid probate so if for example I have I.have a will and I do not have a trust.all of my property is in my name when I.die and Debbie Faulkner then all of the.property that is owned by me at the.moment I die is included in a petition.to the probate court or the Wills Court.and it basically says my will provides.that my property goes to these folks you.know and then we request that the court.appoint the personal representative or.the executor they have to post a bond.with the court and then it goes through.like a nine to twelve month process of.moving my property from my name to the.individuals name to my will the there.are two ways to avoid probate the first.and the one I recommend is having a.trust so a trust is just is really like.I said earlier not for the wealthy it's.just a mechanism of passing your.property down the line without having a.court involved in that process a trust.is just similar tool will in the sense.that it it says I am giving my property.to my three children equally and then.basically the person that you named to.take care of your trust is called a.trustee and that person is responsible.for taking care of your directions but.that person doesn't have to post a bond.with the court the court isn't involved.it's a completely private.see in between you your trustee and your.family so you can name the trust as the.beneficiary of all your assets even.within a will would you have a will and.a trust you do when you have a trust.it's not an independent document like a.will you you must have a will with it.but unlike a traditional will that says.I want my property to go to my kids.equally when you have a trust your will.says I want all my property to go to my.trust okay so basically it's called a.pour-over will and you can think of it.like the water being dumped into a jar.it hold the property that's outside of.your trust when you die is like the.water that goes into your trust when you.die but I would say that the best then.one of the reasons for having a trust is.to avoid probate if you leave all of.your property in your individual name.like all my property when I die is under.W Faulkner my pour-over will we'll put.it in the trust when I die but then I.have a probate proceeding first and then.a trust proceeding after okay so the the.will if you have a will that lists the.trust then you avoid probate no actually.that's a very great question because.that's most commonly what I see happen.is that if a client does have a trust.and a poor of a will that says.everything goes to trust when they die.there's a common perception that that.automatically funds the trust but I want.you to think about trusts more like a.bank account when you go to a bank and.you open an account you sign it legal.document that nobody reads including.lawyers and then you you have a legal.document between you and the bank that.says how the relationship goes what.happens to that that contract.essentially if you never put them a dime.in the bank account it's still a legal.contract but there's nothing for that.contract to govern it's the same thing.with the trust so if you just have a.trust document and you never fund the.trust or put anything inside of it it.really just stands alone as something.that takes place after you die so really.the key is putting your money into the.trust and that's the part that gets a.little bit confusing so but I want you.to think about it like a bank account if.you go to the bank and you put you know.you put your money inside that account.now the contract has something to govern.and all the money in the bank account.but can you put anything in that trust.can you put the vehicle you can put.anything in that trust except your IRAs.401ks and other qualified plan assets.those have to be beneficiary designated.into the trust but for example this is.where people get a little bit hung up.how do I put something inside our trust.inside a legal piece of paper but it's.the same thing you know with your.identity as an individual I you know.have a social security number you have a.social security number if if you go down.to you know local bank number one and.you open an account you give them your.name your ID and your social a trust has.its own identity so if I want my bank.account in my trust name I bring a.certificate of trust which is like the.Trust's identity paperwork that your.lawyer draws up and then I give them you.know my license has a trustee and then.they open the account instead of Debbie.Faulkner they put Debbie Falkner trustee.of the Debbie Faulkner trust now that.account is governed by that same set of.instructions so if I have a piece of.like a home for example instead of.saying Debbie Faulkner's home it says.Debbie Faulkner trustee of the Debbie.Faulkner trust owns that home and that's.exactly how my estate is set up now.because I have I have I just bought a.home and I put it in the name of my.trust what this this essentially does is.it puts the world on notice that I have.this legal set of instructions that.govern my property one thing that often.I get asked about it as well it doesn't.that make it more complicated for me to.sell my property or do anything with my.property the short answer is no it's not.more complicated it's just a matter of.showing that the trust exists and it has.its identity and then I'm able to do.whatever I can with my property as an.individual I can do with my property as.a trustee of my own trust perhaps the.only extra complication would be when.you sign and you have to sign as a.trustee as opposed to just your name or.you might have to present the trust doc.you.somewhere that's exactly where let you.do that once in your set that's right.and the good thing is once you put your.accounts in the name of your trust or.you beneficiary designate them to the.dress it's very very simple to change.your entire plan so let's say you.stopped talking to one of their children.which is actually much more common than.people think you can just change your.trust one you know with one simple page.one or two page document and cut that.child out of all of your assets because.all the assets are now in one.essentially box which is the trust box.so I'm I'm staying on this idea of a.trust who really needs it like because a.lot of times people think trust a.further really wealthy or he said that's.not but our people getting a trust when.they don't need it when the simple will.would do or you know someone that.doesn't have a lot of assets do they.really need a trust great question so.they're really you know a few different.situations where I recommend a trust.unequivocally no matter what first is if.you have real property which is.basically houses or buildings or land in.more than one state because if you have.real estate in more than one state then.there would be two probate proceedings.so if I left if I had a vacation home.for example in North Carolina and then I.owned by home here if I just died with.them in my own name I would have to hire.a probate attorney in North Carolina and.a permit turn in Florida to handle my.estate which gets very expensive and.also I should mention in Florida of his.attorneys make up the legislature it is.required that you hire a lawyer to go.through the probate process which.lawyers are entitled to 3% of your.entire estate by law and they can charge.more in about 15 different scenarios so.just wanna make that as a side note that.attorneys have written themselves into.the law that if you own more than.$75,000 in total then you have must or.your family must hire a lawyer to help.them get the assets so there's some.monetary savings to be had by having do.avoiding probate well there's definitely.monetary savings and this is also Dan.wise some attorneys out there will give.you a free will if you do other services.with them because they know that in 30.years or 50 years when you die that.family is coming back to them and all of.your estate they're gonna get 3% so on.every hundred thousand they're getting.three thousand dollars to help your.family out with the estate but it's a.little bit of a tricky way of lawyers.writing themselves into your trust they.could avoided it by writing a trust as.opposed to the will that's right got it.okay and now speaking of that you've I'm.sure you've seen they have software.where you can write your own will will.make or software I see on the shelves at.like office depot is that I mean that's.what wills not I don't know if they have.trusts software but have you ever seen.anyone used that they'll come to you in.probate situation where they said I had.this I thought I did it right yes so.often times I've actually seen quite a.few Wilson on LegalZoom and also wills.wills done on a software made at home.the most common thing that happens with.these wills it's not that they.necessarily don't have the right.language is that they're not signed.properly so for two law sets forth.basically execution requirements sound.so so dark but signing requirements that.if they're not met then the will.essentially gets thrown in the trash so.if you do the will wrong and you don't.sign it exactly correctly then the will.gets tossed out all together the judge.does not read your will and follow your.wishes at all so if you do sign a will.incorrectly or make a will that does not.have legal effect none of your wishes.will govern the law will govern but I.want to go back to your other question.about whether you need a trust or a will.because it's very important also so I.mentioned the two homes scenario as one.reason why you'd have Trust property in.two different states that's right.the there's other a couple of other.reasons one is if you have beneficiaries.that you want to treat differently or.you want to govern how your money is.spent after death you essentially want.you know that power to dictate from the.grave how the money goes so if you have.if you're giving you know.away a set amount of money or you have.children and maybe one of them spends.everything that they may and that they.get and their hands on or they have a.spouse you don't like or maybe you have.a child with special needs that that you.may want to provide for a trust is.really the only way that you can dictate.from the grave and so if you also have a.kid with special needs that's also a and.100% you need a trust because you don't.want them to be kicked off of a public.benefit that it may be receiving for.their disability and if they received a.large inheritance sometimes that affects.public benefit but you can protect all.of that in a trust the other thing I.know there's a lot of reasons here but.is if you.so we at my firm anyway we creditor to.protect all the assets from your.beneficiaries creditors so if I put.money in my own trust I can't protect it.from my own creditors that's often a.misconception I hear about trusts and my.creditor would be hey you know you have.a bill or you get sued for a car.accident or something if it's in your.own trust and you still have control.over your trust that doesn't provide.asset protection sort of speak for you.but let's say I want my money to go to.three kids and one of them gets in a car.wreck the week before I die you know I.can make sure that my inheritance I.leave my child goes to my child and.skips over any lawsuit even if the the.person that Sue's my child wins.I can credit or protect all their.inheritance from that lawsuit and from.their spouse.so from creditors or predators and I.would like the same that's a good.question Tevan think of that so I want.to wrap up this discussion because I.think next time I want to talk more.specifically about naming beneficiaries.and how that impacts wills and trusts.but last question I don't know if it's.something that we just see on TV a lot.but do people actually contest wills do.you see that often people contest wills.and trusts all the time there's an.entire field of lawyers called probate.litigators that all they deal with is.will and Trust contest because if if you.don't already know money adversely.affects a lot of people and causes.people to be a little bit greedy and.some people are just grieving and they.lose control over they don't have any.control over.so they try to take control of property.to hold on to somebody that they love.and it may not be for greed it just is.how they're coping with the death it.happens all the time well I appreciate.you spending some time talking about.wills and trusts and the basics today.we're gonna step it up in the next show.and get a little bit more detailed but.if listeners have any questions they can.contact us go to Dolphin Financial Group.comm or you can go and listen to this.podcast you can contact Debby her.website is www.pevs.com here today and I.look forward to our next show likewise.thanks Dan the topics on this show are.wide-ranging yet relevant to people.approaching or living in retirement like.me if there is a topic you want to hear.on the show head to Dolphin Financial.Group calm and contact Dan to request.your topic or to share your opinion and.mondo or dolphin fanatic group are not.affiliated or endorsed by Social.Security or any government agency.everything discussed on today's show was.for informational purposes only.since our situation is different some.things mean.the materials presented are believed to.be from reliable sources we can not be.100% certain that they are accurate you.should really talk to my dad or cement.enough.before trying to implement easy bezel.

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How to create an electronic signature for the Florida Certificate Of Trust Form on Android?

In recent, Android gadgets are popular used. Therefore, to make convenience to its customers, CocoSign has developed the application for Android users. You can use the following steps to e-sign your Florida Certificate Of Trust Form from Android:

  1. Place the CocoSign app from Google Play Store.
  2. Login to your CocoSign account from your device or signup if you have not been pre-registered.
  3. Press on the '+' option and add the document in which you want to put your electronic signatures.
  4. Go for the area you want to put your signatures.
  5. Design your e-signature in another pop-up window.
  6. Place it on the page and press '✓'.
  7. Save changes and email the file.
  8. You can also share this signed Florida Certificate Of Trust Form with other people or upload it on the cloud.

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Florida Certificate Of Trust Form FAQs

Notice answers to listed questions about Florida Certificate Of Trust Form . Find out the most welcome topics and more.

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Where can I get the form for migration certificate?

If you are under CBSE board then go to CBSE regional office near you and ask for migration form and fill it then submit to cash counter (Less then 500rs). Same thing with Others

What is a trust certificate?

A trusted Certificate Authority (CA) is an entity that signs and issues SSL certificates to the general public. It must comply with strict web security regulations and the latest encryption protocols to qualify as a trustworthy SSL provider. The most reliable Certificate Authorities in the industry are trusted by 99% of web and mobile browsers, and their SSL Certificates are compatible with the majority of server platforms and email clients. Here are a few examples of trusted CAs : Thawte Sectigo (formerly Comodo) GeoTrust RapidSSL Symantec

What is a certification of trust form?

A Section 8 Company is a Company which: It is incorporated for the promotion of commerce, art, science, education, research, sports, charity, social welfare, religion, protection of environment or any such other object. It intends to apply all its profits, income, or other earnings, in promoting these objects. Pays no dividend or income to its members. NGO is a non-profit organization that works towards the betterment of society. It's a broad term. NGOs are organized on a local, national and international level to serve specific local and political issues. NGO's rely on various sources for funding Continue Reading

Do I need a lawyer to amend my living trust?

Consider taking a course in Latin if you can; hone your analytical reading and writing skills; let no word go by that you don't understand. Stay out of trouble.

Does a certification of trust need to be recorded?

I was going through this same question over a year ago. I wanted a Golden Retriever (my favorite breed). The last two I got through a shelter, but I wasn’t having any luck this time. And my last two succumbed to cancer mid-age. It was devastating. So, I started investigating breeders (a first for me). I found some in rural southern Illinois for $650, but they were just bred without any tests done on the parents. Given my heartbreak from the last two dying relatively young, I searched out other breeders. I found one that registered AKC lines. She was experienced and had a great house to rear th Continue Reading

Does a certification of trust need to be notarized in California?

Thanks for the A2A. I believe so, since I have had to notarize quite a few. But since your question is a legal one, I demure to my lawyer colleagues, as I am not permitted to answer legal questions under the notary laws.

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