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What assets cannot be included in a Florida trust?

On Behalf of | Apr 10, 2024 | Trust |

Trusts are important estate planning resources, as they can allow you to specify how your assets are managed and distributed, providing control over your wealth even after death. As such you should have a solid understanding of how trusts are created in order to make informed decisions about the opportunities that these resources afford.

For example, when considering a Florida trust, you should be aware of certain limitations pertaining to the assets that can be effectively included in a trust. The following assets may not be included in a trust.

Foreign assets

If you have assets held outside the United States, they may be subject to the laws and regulations of their respective jurisdictions which could conflict with the terms of the trust or pose challenges in administration. Additionally, taxation and reporting requirements for foreign assets can be complex and may not align with the provisions of a Florida trust.

Retirement accounts

Retirement accounts such as Individual Retirement Accounts (IRAs) and 401(k) plans generally cannot be included in a Florida trust. These accounts have specific beneficiary designations that dictate how they are distributed upon the owner’s death and attempting to transfer them into a trust could trigger adverse tax consequences or loss of certain benefits. Placing retirement accounts in a trust may impact required minimum distributions (RMDs) and tax treatment potentially subjecting the assets to higher tax rates or penalties.

Vehicles and cash

Vehicles and cash generally cannot be included in a Florida trust. Vehicles such as cars and boats are typically titled assets that require specific ownership documentation, making it difficult to transfer them into a trust. Similarly, cash assets may be more effectively managed through other means such as bank accounts with designated beneficiaries or payable-on-death designations.

To help ensure that your trust serves its intended purpose effectively, it’s essential to work closely with legal counsel. Making this effort can also help to ensure that your trust aligns with your overall estate planning goals and objectives.


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