Florida Community Property Trust
Variable Input Form

Complete all fields below to populate the trust document. Return the completed form to your attorney for document generation. All fields are required unless marked Optional.

⚖ Governed by Florida Law
Instructions: Complete every field in this form. For selection fields, choose one option. For optional provisions, indicate INCLUDE or DELETE. Fields marked CRITICAL must be completed before execution. Return the completed form to your attorney for simultaneous variable substitution throughout the trust document.
1
Party Identification

Must be consistent throughout all articles, schedules, and signature blocks.

Must be consistent throughout all articles, schedules, and signature blocks.

Used in the trust name: "The [Husband Surname] Family Florida Community Property Trust."

2
Preamble and Instrument Type

Must match the date used in Section 15 (Prior Trust Supersession).


3
County and Situs

This county serves as the Settlors' county of residence (Preamble), the Trustee compensation benchmark (Section 6.07), and the principal situs of the Trust (Section 14.02). Must be consistent throughout.

4
Tax Identification — Primary Settlor for SSN Reporting

Select one Settlor whose Social Security Number will serve as the Trust's taxpayer identification number during joint lifetimes (Section 5.04(b)). The other Settlor's name will be deleted from that provision.

5
Successor Trustees
First Successor Co-Trustees (Section 6.04(a))
Second Successor Co-Trustees (Section 6.04(a))
Third Successor Trustee — Corporate Trustee (Section 6.04(a))
6
Trust Protector
Initial Trust Protector (Section 7.01)

Must satisfy all non-adverse party and IRC § 672(c) independence requirements of Section 7.03. Written vetting confirmation must be retained in the Trust file before execution.

First Successor Trust Protector (Section 7.02)
Second Successor Trust Protector (Section 7.02)
7
General Powers of Appointment — Scope Elections

Select whether the Wife's GPOA covers the Husband's entire Trust Estate interest or only his one-half community property interest. This election has significant IRC § 2041 and IRC § 1014 implications.


Must mirror the election made in Section 8.01 above.

Note: Both GPOA scope elections must match.

8
Dispositive Option Selection — Section 9.02

The two non-selected options will be deleted from the document in their entirety. Failure to select before execution creates a direct conflict in the dispositive provisions.

9
Optional Provisions — Credit Shelter Trust

If included, the Trustee will take into account the Surviving Settlor's new spouse's financial resources before making discretionary principal distributions following remarriage. Does not affect income distributions or the five-and-five power.


If included, the Surviving Settlor may withdraw annually the greater of $5,000 or 5% of Credit Shelter Trust assets (IRC §§ 2041(b)(2) and 2514(e)). Include if the client wants maximum liquidity access; omit if simplicity or minimizing inclusion concerns are paramount.

10
Optional Provision — QTIP Marital Trust (Section 9.05)

Appropriate for estates near or above the applicable federal estate tax exemption. Requires coordination with the portability election and GST planning. Provides IRC § 1014(a)(1) basis step-up at the Surviving Settlor's death via IRC § 2044 inclusion.

11
Continuing Trusts — Age and Threshold Elections

Select the age at which a descendant's continuing trust terminates and assets are distributed outright, free of trust. This age governs all continuing trusts created under Article Ten.


Dollar threshold below which the Trust Protector may waive the Independent Co-Trustee requirement for a beneficiary-Trustee. Insert a specific dollar amount reflecting the clients' intent.


Must be equal to or less than the outright distribution age selected above in Section 10.01(b)(i).

12
Optional Provision — Incentive Matching Distributions (Section 10.03(b))

If included, the Trustee may make additional discretionary distributions up to the beneficiary's verified earned income, and for education, primary residence purchase, business capitalization, and extraordinary healthcare expenses.

13
Optional Provision — No Contest / In Terrorem Clause (Section 14.05)

If included, a beneficiary who unsuccessfully contests the Trust forfeits his or her interest. The good faith safe harbor provisions in subsections (a)–(e) are operative and may not be separately deleted. Confirm election with clients before execution.

14
Perpetuities Period — Section 14.06

Under Fla. Stat. § 689.225, Florida permits up to 360 years. Common selections: 90 years (conservative; most clients) | 150 years (moderate multigenerational) | 360 years (dynasty trust objectives). This field must not be left blank before execution.

15
Prior Trust Supersession — Section 14.09

Include only if this is an Amendment and Restatement. If this is a new trust, delete Section 14.09 in its entirety. Must be consistent with the Instrument Type selection in Section 2 above.


Must match the name entered in Section 2 above.

Must match the date entered in Section 2 above.

16
Execution and Notarization — Article Fifteen


17
Schedule A — Initial Trust Property

Important: At least one asset row must be completed before execution. Do not include retirement accounts (IRAs, 401(k)s), depreciated assets, TBE assets to be preserved, or separate property to be maintained as separate. The original cost basis column is essential for IRC § 6035 basis consistency reporting at the first Settlor's death.

Asset Row 1
Asset Row 2
Asset Row 3
Asset Row 4
18
Schedule A-1 — Digital Assets and Account Access Information

Critical: Do NOT record actual passwords, private keys, or seed phrases in this form. Document only the secure storage location where such credentials are maintained.

Digital Asset Row 1
Digital Asset Row 2
19
Schedule B — Retained Separate Property

Under Fla. Stat. § 736.1504(3), any property transferred to the Trust without a Schedule B designation automatically converts to community property. Complete rows below or write "NONE."

Separate Property Row 1
Separate Property Row 2
20
Schedule C — Acknowledgment of Statutory Warning

Check and initial Item 8 only if either Settlor is a non-U.S. citizen or non-resident alien. If applicable, a gift tax analysis under IRC §§ 2511 and 2523(i) is required before funding.


Must be executed simultaneously with the Trust Agreement.

Must be executed simultaneously with the Trust Agreement.

21
Section 3.03(b) — Separate Property Sub-Account Designations

Complete only if Schedule B (Section 19) lists separate property. Sub-account designations must correspond exactly to the entries in Schedule B.


✓
Completion Confirmation Checklist

Before submitting, confirm that each section has been completed. Check each box to confirm.

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Additional Notes or Instructions
 

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