Legal Question in Wills and Trusts in Florida

My mother just passed and I was named trustee and PR of the trust. All of the assets are listed and are to be sold and divided among my sister, my brother and myself . We are all in agreement and my mother included stipulations in the trust that as trustee or PR I will not be liable for any mistakes that are made in the sale or distribution of the estate. Do I have to have a lawyer and does the will or the trust have to be probated


Asked on 5/21/12, 5:58 am

2 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Based on the facts described in your inquiry, you can administer the estate

without probate. So long as you file a notice of the trust, estate assets

are consistent with the trust, and no objections are disputes with

beneficiaries, etc., you should be able to avoid probate, a key

reason for use of such trusts.

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Answered on 5/21/12, 6:14 am
David Slater David P. Slater, Esq.

Yes, if you know what to do. If done correctly, you should avoid probate.

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Answered on 5/21/12, 8:33 am


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