Legal Question in Wills and Trusts in Florida

Probate to protect homestead?

My sister's and I are successor trustees of my

father's living trust which hold almost all of the

estate's assets, with the exception of a timeshare

and a bank account which are jointly owned with

rights of survivorship. The trust grants us full

discretionary powers to act. We have always been

told that probate would not be necessary with this

arrangement, however we are now being told that we

need to go through probate to "protect the

homestead"? We'd prefer to avoid probate altogether

unless it's impractical to do so. Are you able to shed any light on the subject? Thank-you.


Asked on 2/28/99, 5:49 pm

1 Answer from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Probate to protect homestead?

IN FLORIDA - If I understand you correctly, you state that you and your sisters name are jointly on your father's house and accounts? If that is the case those assets do not go through probate. Once an asset has a joint owner name on it, this title supercedes any will or trust. No probate for jointly held assets.

Melody Stickel-Martinez

Melody Stickel-Martinez, Esq.

10031 Pines Boulevard, Suite 217


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Answered on 3/11/99, 5:53 pm


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