(1) Subject to subsection (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to s. 710.111, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(2) Subject to subsection (3), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to s. 710.111.
(3) A transfer under subsection (1) or subsection (2) may be made only if:
(a) The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor;
(b) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and
(c) The transfer is authorized by the court if it exceeds $10,000 in value.
History.—s. 1, ch. 85-95.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 710 - Transfers to Minors
710.103 - Scope and Jurisdiction.
710.104 - Nomination of Custodian.
710.105 - Transfer by Gift or Exercise of Power of Appointment.
710.106 - Transfer Authorized by Will or Trust.
710.107 - Other Transfer by Fiduciary.
710.108 - Transfer by Obligor.
710.109 - Receipt for Custodial Property.
710.112 - Single Custodianship.
710.113 - Validity and Effect of Transfer.
710.114 - Care of Custodial Property.
710.115 - Powers of Custodian.
710.116 - Use of Custodial Property.
710.117 - Custodian’s Expenses, Compensation, and Bond.
710.118 - Exemption of Third Person From Liability.
710.119 - Liability to Third Persons.
710.122 - Accounting by and Determination of Liability of Custodian.
710.123 - Termination of Custodianship.