Legal Question in Wills and Trusts in Florida

Re: Ending Probate with a Living Trust

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You need to consult your attorney who is handling the estate. It sounds like the judge has made it clear that the house must be sold before the probate can be closed. The judge is the judge and whatever the judge requires must be done if you want to close your file.

Scott R. Jay, Esq.

Re: Ending Probate with a Living Trust

Whatever has been "poured-over" into the trust is not now in the estate. That means that the trustee of the trust (a beneficiary of the estate) will be able to issue a waiver, acknowledging that the assets have been received by the trust.

With waivers from the other beneficiaries of the estate (not the trust), you should then be able to close the estate.

This answer is assuming that the estate/trust is subject to Illinois law. (It is unclear whether you are asking about Illinois or Florida law and the answer may be different according to Florida law.)

Good luck to you.

Re: Ending Probate with a Living Trust

Ms Trostin is correct and you may be miscontruing the judges requirements.