Florida Moves Towards Adoption of the Uniform Trust Code

Posted on September 1, 2005 by Juan Antunez
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If all goes according to plan, Florida will soon be adopting its version of the Uniform Trust Code ("UTC"). The following e-mail announcements were circulated to Miami-Dade County probate attorneys on the "proguard" list service. Attached to the announcements was this draft version of the Florida UTC.

August 30, 2005

Judge Korvick,

Thanks for getting the word out about the new proposed trust code. I am attaching the latest version. This product will have further revisions before it is filed with the legislature for the 2006 session.

Brian Felcoski

August 29, 2005

Dear friends,

Attached, for your information, is the proposed revision to the Florida Trust Code. Many of you had asked me to please send you this document via e-mail. On August 20, 2005, at the last meeting of The Executive Council of the Real Property, Probate and Trust Law Section of the Florida Bar, The Executive Council unanimously agreed to bring this complete re-draft of the Trust Statutes before the Legislature. This bill already has legislative sponsors. The section also unanimously decided to obtain the assistance of the section's lobbyist, Pete Dunbar, to assist in the passing of this bill.

Brian Felcoski, heading the Trust Committee has done a beautiful job. The proposed bill is drafted, for the most part, adopting the New Uniform Trust Code. The Uniform Trust Code was analyzed and compared to Florida Law by attorneys from around the State. The Uniform Trust Code was annotated by the group so that everyone could see whether there were any major changes to Florida Law.

The new, proposed Florida Trust Code is patterned, in its format, after the Uniform Trust Code. The new Florida Trust Code retains parts of Florida law, not included in the Uniform Trust Code.

Sincerely,

Maria Korvick

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Comments (2) Read through and enter the discussion with the form at the end
Sandy - September 11, 2008 2:47 PM

How can I obtain a copy of the new Unform Trust Code to see if any changes need to be made on my mother-in-laws Trust.

Juan C. Antúnez - September 15, 2008 1:21 PM

Sandy -

Below is link to a post on this blog entitled “Florida's New Trust Code” that provides a link to Florida’s new trust code and related resources.

“Florida's New Trust Code”
http://www.flprobatelitigation.com/2007/06/articles/probate-guardianship-statutes/floridas-new-trust-code/

Hope this helps. Juan

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