Legal Question in Wills and Trusts in Florida

Florida Revocable Living Trust

Dad, not remarried, passed away 2/1/08. Mom predeceased him in 1999.

As successor Trustee, may I carry out the directions of the 'Settlors/Grantors' of the trust, without any form of court orders re probate or trust administration? If not, can I do it myself, or must a lawyer be involved? Dad's total assets in the trust, exclusive of life insurance porceeds are between $500,000 and $700,000. If lawyers are involved, what is the fee structure?


Asked on 2/18/08, 10:19 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Florida Revocable Living Trust

You can administer per the instructions, but have an attorney give advice, if needed.

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Answered on 2/18/08, 10:59 am
Walter LeVine Walter D. LeVine, Esq.

Re: Florida Revocable Living Trust

While I agree with David, I have some additional comments. Since the trust is both a living trust (created during Dad's or Mom & Dad's lifetime(s), and is revocable, while you may not need to do anything about probate (presuming all of Dad's assets are registered in the name of the trust, there may be more that is required, if the value of the trust and any non-trust assets forming his total estate, on Dad's date of death exceeded $675,000. While most people believe that Florida has no inheritance (death) tax, in fact it does have an estate tax if the value of the estate (all assets wheresoever located, including the assets in the revocable trust) exceeds this number. If it does, you must file a FL estate tax return and pay any possible estate taxes. This is not very complicated, but a professional should be consulted if you need assistance. If you need more information, contact me directly.

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Answered on 2/18/08, 3:56 pm


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