Legal Question in Wills and Trusts in Florida
If assets of deceased are In trust for , pay on death , names person as beneficiary , and a homesteaded house, does will have to go through probate in florida ?
Asked on 3/15/11, 6:35 pm
2 Answers from Attorneys
Sanford M. Martin
Sanford M. Martin, P.A.
If the house is an asset in a properly drafted living or revocable trust, the property may be distributed by the Personal Representative without filing in probate court.
Answered on 3/15/11, 7:31 pm
It looks like the assets avoid probate, but it is unclear by your description about the homesteaded house. Both matters should be reviewed more clearly by a probate attorney.
Answered on 3/15/11, 8:10 pm