Legal Question in Wills and Trusts in Florida
I am reading my recently deceased (DOD 10/2/2014) aunt's Last Will and Testament which was apparently signed and dated 3/10/2004 which creates a "children's trust" and places residuary estate in said trust and appoints her son (my cousin) as Trustee. The will states this Childrens Trust both principal and interest shall be distributed on 7/1/2006 equally among all surviving children. It seems odd to me that a Last Will and Testament be used to distribute the assets of an estate while the person is still alive? This just doesn't make sense to me. Would this distribution be legal if there is no other Trust document? What are the implications of such a distribution if the Will is challenged? Thank you.
2 Answers from Attorneys
Impossible to answer such a question without seeing the document and any others that may exist. Seek some legal help.
I agree with Barry that you should seek legal help. That being said though, the document probably has a typo and it should be 7/1/16. If that is not too disagreeable for you, you and the trustee may want to sign an agreement to that effect.
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