Andrew M. O'Malley is a nationally recognized expert in land trust law who has testified as an expert witness on the subject.

The links below provide both summary and detailed information on the history, use, formation, and administration of land trusts as well as boilerplate samples of the necessary documents.

NOTE: Although this content is believed to be an accurate and thorough explaination of Land trusts in Florida and other states, it is not exhaustive, nor does it constitute legal advice. Seek advice from a qualified land trust attorney prior to attempting to form or modify a land trust.

• History of Land Trusts Often referred to as the "Illinois Land Trusts", Land Trusts trace their roots to English common law and the Statute of Uses.
• Summary of Land Trust Benefits The trustee holds full title, but the beneficiaries have full power, and other advantages.
• Fundamentals of Florida Land Trusts Florida's New Land Trust Act. In 2006, Section 689.071 was substantially amended.
• Review of Florida Statutes 689.07 and 689.071 Difference between FS 689.071 and 689.07; simplify conveyances; codification of concept; Raborn case; retroactive application
• Land Trust Terminology Definitions of Land Trust Terms
• Advantages of Land Trusts Not subject to partition; Prevent clouds on title; disagreements among multiple owners; annonimus ownership; judgments do not affect title; no termination on death.
• Creation of Land Trusts Adaptation of Illinois land trust; successor trustees; bank trust departments; beneficiaries not named; required language; Homestead tax exemption; duties of trustee; mortgages; collateral agreements; FS 689.06 not applicable; personal liability; liability of trustees.
• Administration of Land Trusts Conveyance of fee title from or to Land Trusts; Transfer of title by assignment of Beneficial Interest; Leases;
• Land Trust Cases Trustee Liability for Environmental Matters; CERCLA; land trust as an instrument in the Nature of a Mortgage; trustee as beneficiary.
• Beneficiary Agreement Considerations Partnerhsip Aspect; Income Tax Consequences; Management; Record keeping; Contributions; Remedies; Right to Possession; Mortgage Obligations; Transfer or Sale; Death or Incompetency.
• Boilerplate forms and agreements Land Trust Agreement; Warranty Deed to Trustee; Trustee's Deed; Beneficiary Agreement (co-ownership); Beneficiary Agreement (general Partnership); Letter of Direction; Affidavit of Existing Beneficiaries; Assignment of Beneficiary Interest;
• Land Trusts in all 50 US States State by State comparison of Land Trust law: Creation or recognition by statue; Trustee-Befeficiary legal relationship; Trustee duties needed to avoid execution by the statute of uses.

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