Sunday, June 14, 2015

Totten Trusts in Florida

In a Totten trust bank account a person deposits his money into an account in his own name as trustee for another.  A Totten trust account is also known as a "payable upon death" account. The Totten trust doctrine has been accepted in Florida.

A Totten trust account is a tentative trust that is revocable at will until the depositor completes the gift during his lifetime by some unequivocal act or declaration or subsequently dies.  The depositor is still regarded as the owner as he retains complete control over the funds during his lifetime.

Totten trusts may be revoked. There are no specific formalities required to evidence the revocation of a Totten trust. Any decisive act or declaration of disaffirmance during the lifetime of the owner will generally suffice.