Legal Question in Wills and Trusts in Florida
We were told that in the State of Florida we need a Living Trust (a written will is not enough) or everything will go to probate. Is this true?
Asked on 9/09/11, 6:43 am
2 Answers from Attorneys
No. A Living Trust may avoid probate, but there are other ways as well, i.e., joint ownership, ITF/ATF, naming beneficiaries, etc.
If an assets does not show who the owner is on death, then it goes through probate, and the Will is a set of instructions directing who is in charge, and where the asset goes. If a successor owner is given, it does not go through probate and the Will does not affect it.
Answered on 9/09/11, 7:04 am
Lucreita Becude
Lucreita D. Becude, P.A.
Don't get sucked into thinking you need a living trust. If you need help in getting your estate together please contact my office for an appointment. 904-997-1031
Answered on 9/11/11, 5:29 pm
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