Legal Question in Wills and Trusts in Florida

My father died in Florida in December. House and bank accounts went to probate. That's all been settled. Supposedly according to my sister, the executor there were stocks in a trust but there is no mention of them. Does this take longer?


Asked on 6/15/10, 6:16 pm

2 Answers from Attorneys

It can take more or less time than probate. It depends upon the trust. Probate, if formal, takes from 6 to 13 months in most cases. Summary Probate can take 1 to 4 months.

If you were a beneficiary of the probate, or the trust, then you should have received copies of the Will and/or Trust. In a Formal Probate, as a son, especially if you were not left anything, you should have received a Notice of Administration (unless you waived it). As a beneficiary, you are to receive the Inventory, and an Accounting (if you do not waive it).

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Answered on 6/16/10, 5:04 am
Leon Ferraez Ferraez, LLC

Mr. Kaplan is correct. I'm just wondering if there was a Revocable Living Trust in effect prior to your father's death, which held the stock. If so, then there would be no mention of this in the Probate. Assets held by these trust pass outside of probate.

If you sister is the Trustee of that trust and you are a beneficiary of that Trust (now an Irrevocable Trust), then you have a right to an accounting of the Trust's holdings. I would simply ask her to see a copy of the Trust to determine whether you are indeed a beneficiary. I don't see why she would not and if she does refuse, then hire an attorney to force her to show you.

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Answered on 6/16/10, 7:14 am


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