Legal Question in Wills and Trusts in Florida
Isn't the purpose of a trust to avoid the probate court when the first trustee dies?
Asked on 2/29/12, 7:55 pm
4 Answers from Attorneys
John Harmon
The Law Office of John W. Harmon
There are many reasons for a trust. Avoiding the probate court is just one of them.
Answered on 2/29/12, 8:13 pm
Four main reasons to creating a Trust.
#1 To Avoid Probate
#2 Reduce Federal Estate Taxes
#3 Long Term Distribution of Assets
#4 Control of Assets when Grantor is Incapacitated
Answered on 3/01/12, 4:04 am
Lucreita Becude
Lucreita D. Becude, P.A.
However, if you have r/e property, it will need to be probated.
Answered on 3/01/12, 5:34 am
Frank J. Pyle
Probate Attorney Throughout Florida
Most trusts are set up in order to avoid probate when the Grantor/Settlor/maker dies. That person is usually the trustee, but the death of a trustee has no bearing on probate.
Answered on 3/03/12, 7:07 am
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