Legal Question in Wills and Trusts in Florida
living trust
My father had a living trust in the state of florida. The trust agreement stated all of his assets were held by the trust. After he died and the trust assets were distributed we found a mutual fund being held by the state of florida as unclaimed property. I contacted the office and submitted all documents requested but they are efusing to release the mutual funds to us because my father didn't have a will stating all assets belonged to the trust. I thought the living trust took the place of a will. The attorney that drew up the trust is retired now and we can't locate him to see if my father did have a will. We have been told we have to hire lawyers in florida and in NC because the trust was in fla and he died in NC. Isn't there an easier way to go about this?
2 Answers from Attorneys
Re: living trust
Since the asset was not part of the trust, and he did not have a pour over will,
his estate must be probated in Florida.
Call me should you need further information.
Re: living trust
This is not really complex but more of a nuisance and expense for you. Generally speaking there should have been a "pourover will" prepared with the trust that stated that anything that flowed thru the probate estate would go into the trust. Regardless, you will have to probate the estate in the county your father resided in whether there is a will or not. If no will, it will pass via the intestacy statute and not by the provisions in the trust. No real easy way around this one.
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