Legal Question in Wills and Trusts in Florida

I am the personal representative for my mom's trust. She passed away last week. How necessary or important is it for me to hire an estate attorney to administer the trust? And wy?


Asked on 8/26/09, 9:19 am

3 Answers from Attorneys

Richard Stoffels Stoffels Law Group

The more you know about trust, estates, and their administration, the less you need to retain someone else. Sort of like fixing your car. If you are a mechanic, you probably don't need to hire another mechanic to fix your problem. But if you are a dentist, then maybe getting a mechanic on line is a good idea.

Estates and Trusts can be complicated. If there is a probate estate, then you will need to retain an attorney to file the necessary documents with the court and handle the probate. That is not something that you can do yourself.

I am guessing by the language in your question that you are not too familiar with trust and estate administration, because you would not have a personal representative for a trust, but for a probate estate. For a trust, you would have a successor trustee. That being said, I would strongly urge you to retain appropriate assistance to be sure that the assets are all collected, creditors are dealt with in the proper manner, and that all beneficiaries are treated as required by Florida statutes and rules. Also, you might have tax issues to deal with.

I would be pleased to discuss this matter with you further, if so, please give my office a call.

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Answered on 8/26/09, 9:33 am
David Slater David P. Slater, Esq.

Florida law requires probate by an attorney. The attorney will deal with you, the court and creditors.

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Answered on 8/26/09, 9:50 am
Robert Roemer Robert Roemer

A florida attorney always represents the personal representative of a will in probate. I think you are a successor trustee of your moms trust if she passed away.If you need my assistance e-mail me your phone number to discuss this matter further.

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Answered on 8/26/09, 2:50 pm


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