Legal Question in Wills and Trusts in Florida

sale of deceased primary residence
My mother recently died (one month ago) and had a Trust set up whereby all of her children are equal trustees. I, who am one of the trustees, wants to purchase the house, which is already deeded in the name of the trust, and the other trustees are in agreement with my purchasing it. Today, I heard there is a new law in Florida which requires the house be put in a 3-month ''probate'' to give creditors a chance to submit any outstanding claims. The credit companies were notified within the past two weeks of the death of my mother, and any debts owned (there was only one credit card balance) were paid. Is this really a recent law, and does it apply to TRUSTS? It was my understanding that TRUSTS avoided any probate. Thank you for your assistance.

Asked on 7/03/01, 8:19 pm

Anthony Comparetto Comparetto Law Firm

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Re: sale of deceased primary residence

It avoids a "formal probate" but their is a notice procedure for creditors that you must comply with. Meet with an attorney face to face.

Answered on 7/05/01, 10:40 pm

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