Legal Question in Wills and Trusts in Florida

if the descendant had a trust when they died, what does the attorney show you, that shows the descendant had a trust? Is it a peace of paper or what? How do you know if its a trust? What does the PR or attorney show you, that makes me believe there's a trust for the descendant? And If so, can a PR spend your trust money?


Asked on 4/25/14, 5:16 pm

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

If the decedent had a trust it is self executing and does not appear in the probate. The assets don't pass through probate they pass outside. The Personal Rep does not have to show them at all. The beneficiaries can spend their monies from the trust once they are disbursed. the trustees can use the funds as allowed by the agreement. seek some legal help with your concerns.

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Answered on 4/26/14, 6:41 am
Joseph Pippen Law Office of Joseph Pippen & Associates

The attorney or trustee would give you a copy of the trust if you were a beneficiary.

The personal representative of the will would have to be appointed by the court if a probate was necessary.

The trustee can use funds from the trust to pay administrative costs if necessary.

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Answered on 4/26/14, 6:59 am


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