Full Statute Name:  West's Florida Statutes Annotated. Title XLII. Estates and Trusts (Chapters 731-740). Chapter 736. Florida Trust Code. Part IV. Creation, Validity, Modification, and Termination.736.0408. Trust for care of an animal

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Primary Citation:  West's F. S. A. § 736.0408 Country of Origin:  United States Last Checked:  October, 2023 Alternate Citation:  FL ST § 736.0408 Date Adopted:  2007 Historical: 
Summary: This Florida statute provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, on the death of the last surviving animal.

(1) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, on the death of the last surviving animal.

(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.

(3) Property of a trust authorized by this section may be applied only to the intended use of the property, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise as part of the settlor's estate.

CREDIT(S)

Added by Laws 2006, c. 2006–217, § 4, eff. July 1, 2007.

 

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