Under current Florida law, what does the Settlor [Grantor] have to do with respect to a Trust created after July 1, 2007 in order to make that Trust irrevocable?

Order Description

Short question and answers. Answer each of the questions separately:

1. Under current Florida law for all Revocable Trusts created after July 1, 2007, does the Settlor [Grantor] have to include a expressly state in the Trust that the Trust is amendable or revocable?

2. Under current Florida law, what does the Settlor [Grantor] have to do with respect to a Trust created after July 1, 2007 in order to make that Trust irrevocable?

3. Does Florida law allow an individual who is a beneficiary or devisee under the Last Will and Testament of a Testator serve as a witness to the Will.
Indicate what law’s apply in some other states that are different from Florida’s law on this issue.

4. If a Testator executes a separate writing under Florida Law [other than the Will itself], which said separate writing disposes of the Testator’s Tangible Personal Property, does that separate writing need to be witnessed and notarized? Can that separate writing be executed either before or after the Will is executed?

5. explain why the nephew in the case In the Matter of the Accounting of William H.B. Totten [one of the cases that was “required reading” for this Course did not have a claim on the bank account assets that had previously been in the name of the decedent in trust for the nephew.

6. Discuss, in detail, the “three prong test” that is described in the
In Re Estate of Carpenter case [a case that was required reading for this course] and how a portion of that case was modified by 733.107 FS [2002] .

7. that the ORIGINAL Will of the decedent be filed with the Court for Probate? Fully explain your answer by referring to the “holdings” in cases that were “required reading” in this Course

8. If the decedent’s Will does NOT contain a power of sale with respect to real property [or a general power of sale as to all of the decedent’s Probate Assets], explain what procedures a Personal Representative must pursue in connection with the Personal Representative attempting to sell the real property to a third-party purchaser?

9. What action must be taken by the Personal Representative in terms notifying a “reasonably ascertainable” creditor in order to meet the standard imposed by the U.S. Supreme Court case of Tulsa Professional Collection Service, Inc. vs. Pope [1988]?

10. Describe what Florida Law says is the period of time that a Creditor of the decedent’s Estate can file a Statement of Claim in the Circuit Court Probate Division

11. If beneficiaries do not voluntarily agree to waive the filing and serving upon them of a Formal Accounting, what procedures must the Personal Representative take to properly close-out the estate?

12. If a decedent died during the year 2016, how large must the Federal Gross Estate be before the Personal Representative would be required to file a U.S. Estate Tax Return [Form 706]?

13. Under Florida law, what is the “statute of limitations” that would bar a potential creditor from filing a Statement of Claim against the Estate?
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