Legal Question in Wills and Trusts in Florida

unfunded property in trust in Florida

My mom died and I'm now trustee of her estate. Her small land lot (value about $45,000) is not funded in her trust. Must I probate that or can ''pour-over-will'' take care of that?


Asked on 5/22/08, 1:12 pm

3 Answers from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: unfunded property in trust in Florida

The property would fall under the pour-over will, but a will is only effective through the probate process. If the value is less than $75,000 (you stated $45,000) and she has no creditors (or she died over two years ago), it can go through a simpler probate (Summary Probate), which is much less expensive (usually less than $1,000) and quicker than the full-blown probate.

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Answered on 5/23/08, 12:10 pm
David Ellis david Robert Ellis, P.A.

Re: unfunded property in trust in Florida

The proerty must pass under the pour over will which must be probated.

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Answered on 5/23/08, 12:59 pm
David Slater David P. Slater, Esq.

Re: unfunded property in trust in Florida

The pour over will must be probated in Florida.

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Answered on 5/22/08, 1:40 pm


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