Legal Question in Wills and Trusts in Florida
trust distribution on death
A living trust ended with the death of the settlor. The attorney for the Trustee is now holding any disbursement to the beneficiaries for a minium of serveral (3-4) months. Is this possible and under what conditions can this be done?
1 Answer from Attorneys
Re: trust distribution on death
The trust despite the sales pitch is interwoven with probate. If a will is filed and probate opened because some item was not in the trust, ie homestead property, Bank Account,car, then a 90 day publication for claims is made. the trust is available to pay for probate expense and legitimate claims not objected to. SO 3-4 months could be for that reason. Disclaimer. This answer based upon limited knowledge of events and should NOT be considered a legal opinion
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