Legal Question in Wills and Trusts in Florida

When I asked about probating a trust Iwas told that was not necessary unless the trust held r/e property! What is r/e property?


Asked on 3/01/12, 10:07 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

If the title to real property is in the name of the trust (via deed), no probate is required.

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Answered on 3/01/12, 10:10 am

A Trust is not probated. However, if the trust holds homestead property, sometimes you have to get something from the court to clear the title on it (especially if the decedent had minor children surviving them).

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Answered on 3/01/12, 11:29 am


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