738.304 Notice.
507 words·~2 min read·
/fl/title-xlii/chapter-738/738-304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A notice required by s. 738.303 (2)(b) must be sent in a manner authorized under s. 736.0109 to all of the following:
(a)The qualified beneficiaries determined under s. 736.0103 , other than the Attorney General.
(b)Each person that is granted a power over the trust by the terms of the trust, to the extent that the power is exercisable when the person is not then serving as a trustee:
1. Including all of the following:
a. Power over the investment, management, or distribution of trust property or other matters of trust administration.
b. Power to appoint or remove a trustee or person described in this paragraph.
2. Excluding all of the following:
a. Power of appointment.
b. Power of a beneficiary over the trust, to the extent that the exercise or nonexercise of the power affects the beneficial interest of the beneficiary or another beneficiary represented by the beneficiary under ss. 736.0301 - 736.0306 with respect to the exercise or nonexercise of the power.
c. Power over the trust if the terms of the trust provide that the power is held in a nonfiduciary capacity and the power must be held in a nonfiduciary capacity to achieve a tax objective under the Internal Revenue Code.
(c)Each person that is granted a power by the terms of the trust to appoint or remove a trustee or person described in paragraph
(b)to the extent the power is exercisable when the person that exercises the power is not then serving as a trustee or person described in paragraph (b).
(2)The representation provisions of ss. 736.0301 - 736.0306 apply to notice under this section.
(3)A person may consent in a record at any time to action proposed under s. 738.303 (2)(b). A notice required by s. 738.303 (2)(b) need not be sent to a person that consents under this subsection.
(4)A notice required under s. 738.303 (2)(b) must include all of the following:
(a)The action proposed under s. 738.303 (2)(b).
(b)For a conversion of an income trust to a unitrust, a copy of the unitrust policy adopted under s. 738.303 (1)(a).
(c)For a change in the percentage or method used to calculate the unitrust amount, a copy of the unitrust policy or amendment or replacement of the unitrust policy adopted under s. 738.303 (1)(b).
(d)A statement that the person to which the notice is sent may object to the proposed action by stating in a record the basis for the objection and sending or delivering the record to the fiduciary.
(e)The date by which an objection under paragraph
(d)must be received by the fiduciary, which must be at least 30 days after the date the notice is sent.
(f)The date on which the action is proposed to be taken and the date on which the action is proposed to take effect.
(g)The name and contact information of the fiduciary.
(h)The name and contact information of a person that may be contacted for additional information.