Special Needs Trust - Florida

Florida Special Needs Trust

Before you use this: This is an irrevocable trust funded only with property of the Settlor and other third parties. Do not place the Beneficiary's or the Beneficiary's spouse's property in it. Complete the cash transfer, beneficiary and successor names, and all three remainder choices before signing. A separate arrangement is needed if the Beneficiary or spouse contributes property.

This Trust is made on [__/__/____] by [SETTLOR FULL LEGAL NAME], of [ADDRESS] ("Settlor"), and [INITIAL TRUSTEE FULL LEGAL NAME], of [ADDRESS] ("Trustee"), for [BENEFICIARY FULL LEGAL NAME], born [__/__/____] ("Beneficiary"). The trust is named [FULL TRUST NAME] ("Trust"). Florida law governs its administration.

1. Creation and property

Settlor irrevocably transfers to Trustee the cash described in Schedule A as the initial trust property. Trustee accepts that property and acknowledges its receipt by signing below. Trustee shall hold legal title to it as trustee, separate it from Trustee's own property, and administer it solely under this instrument. This Trust is effective upon delivery and acceptance of the Schedule A property.

Trustee may accept later gifts from persons other than Beneficiary or Beneficiary's spouse, recording the donor, property, date, and any restrictions in a signed addition to Schedule A. Trustee shall decline or segregate a proposed contribution whose ownership is uncertain until counsel resolves its effect on benefit eligibility and this Trust's third-party character. No Settlor, Beneficiary, or other donor may reclaim accepted trust property under this instrument.

2. Purpose and distribution discretion

The Trust serves Beneficiary throughout Beneficiary's life. Trustee may distribute income or principal for Beneficiary's health, education, care, comfort, housing, recreation, equipment, services, and other needs in amounts and at times Trustee decides in good faith. Trustee may pay a provider, purchase an item, or pay Beneficiary directly after considering the particular public-benefit consequences. Trustee shall document the decision and consider current benefit rules, other available support, and the Trust's remaining resources. The Trust does not promise SSI, Medicaid, or any other benefit eligibility.

No distribution is mandatory. Beneficiary may request, but may not direct, compel, assign, or pledge a distribution. Trustee shall not give Beneficiary a power to withdraw trust principal or terminate the Trust. Trustee's discretion remains subject to Florida fiduciary law, including a beneficiary's right to seek review for abuse of discretion under Fla. Stat. § 736.0504(4).

3. Spendthrift interest

Beneficiary's interest is held subject to a spendthrift trust: Beneficiary may not voluntarily transfer it, and no involuntary transfer of that interest is authorized by this instrument. Creditors' rights and any statutory exceptions are governed by Florida law. This clause does not shield a distribution after Beneficiary receives it or erase a lawful claim against Trustee.

4. Trustee and successors

The initial Trustee is [NAME AND ADDRESS]. The first successor Trustee is [NAME AND ADDRESS]; if that person cannot serve, the second successor Trustee is [NAME AND ADDRESS]. A named successor accepts by a signed written acceptance and takes custody of the records and property. If no named successor can serve, the vacancy is filled under Fla. Stat. § 736.0704, including unanimous qualified-beneficiary appointment before a court appointment when applicable.

A Trustee may resign under the procedure in this instrument by giving written notice to the serving cotrustees or, if none, to an accepting successor or the persons authorized to appoint one, and transferring records and property promptly. Other statutory resignation routes and a court's protective orders remain available under § 736.0705. A resignation does not release liability for prior acts.

Trustee may use reasonable trust funds for proper administration and receive reasonable compensation. Agreed annual or hourly compensation, if any: [AMOUNT AND METHOD / REASONABLE COMPENSATION UNDER § 736.0708]. If the attorney who prepared or supervised this instrument, or a person related to that attorney, is named as current or successor Trustee, apply § 736.0708(4) before compensation is paid: unless the appointed person is related to Settlor, the attorney must make the specified disclosures before execution and Settlor must sign the separate acknowledgment. A missing acknowledgment does not invalidate this Trust or disqualify the Trustee.

5. Administration and information

Trustee shall administer the Trust in good faith, with reasonable care, skill, and caution. Trustee shall maintain identifiable trust records, review benefit effects before significant distributions, and obtain professional advice when useful. Trustee may retain funds and invest or sell property prudently to carry out this Trust's purpose. Trustee shall not guarantee investment returns or eligibility results.

Trustee shall give the notices required by Fla. Stat. § 736.0813 and, for this irrevocable Trust, provide an accounting at least annually and on termination or change of Trustee to each qualified beneficiary, including a person who qualifies as a remainder beneficiary under § 736.0103(19). A lawful written waiver and any statutory family-trust-company exception apply only if their requirements are met. Trustee shall answer reasonable requests for the trust instrument and relevant information as § 736.0813 requires. A valid representative may receive information for a beneficiary when Florida law permits.

Trustee remains accountable under Florida law. No term of this Trust limits liability for a breach committed in bad faith or with reckless indifference to the Trust's purposes or beneficiaries' interests. This Trust creates no blanket cap on Trustee's personal liability or automatic indemnity for Trustee's misconduct.

6. End of Trust and complete remainder

This Trust ends upon Beneficiary's death or earlier exhaustion of its property. Trustee shall then pay lawful trust administration expenses and obligations and distribute all remaining property as follows:

1. To [PRIMARY REMAINDER BENEFICIARY FULL NAME AND ADDRESS], if living, 100%.
2. If that person is not living, to [ALTERNATE REMAINDER BENEFICIARY FULL NAME AND ADDRESS], if living, 100%.
3. If neither person is living, to [ULTIMATE CHARITY LEGAL NAME, ADDRESS, AND EIN], 100%. If that organization no longer exists, Trustee shall seek lawful instructions for a substitute charitable recipient.

No share passes to Beneficiary's estate under this remainder clause. Trustee shall identify and document the recipients and complete final accounting and transfer records. A court may modify or terminate a trust only under applicable Florida law; this instrument does not give Trustee an independent power to rewrite this remainder.

7. Signatures and acceptance

Settlor and Trustee sign this Trust intending to create and fund the irrevocable trust described above. Each signer receives a complete signed copy, including Schedule A.

Settlor: [SIGNATURE] Printed name: [NAME] Date: [__/__/____]

Trustee: [SIGNATURE] Printed name: [NAME] Date: [__/__/____]

I, Trustee, acknowledge receipt of the initial cash described in Schedule A on [__/__/____]: [TRUSTEE SIGNATURE].

Witness 1: [SIGNATURE] Printed name and address: [NAME, ADDRESS] Date: [__/__/____]

Witness 2: [SIGNATURE] Printed name and address: [NAME, ADDRESS] Date: [__/__/____]

Schedule A — Initial trust property and receipt

Settlor transfers $[AMOUNT GREATER THAN ZERO] in cash to Trustee on [__/__/____] by [DELIVERY METHOD]. Trustee received that cash and will hold it under this Trust. Later accepted third-party additions must be documented in a signed supplement identifying the donor and property. Do not list real property or property owned by Beneficiary or Beneficiary's spouse on this initial Schedule A.

Settlor: [SIGNATURE] Date: [__/__/____]

Trustee, acknowledging receipt: [SIGNATURE] Date: [__/__/____]