Legal Question in Wills and Trusts in Florida

Both my parents have passed away and I'm now the Sucessor Trustee of the Family Trust. We have a contract on my parents home right now with closing in mid-March. Once we receive the funds at closing, I will be distributing the funds to my 2 other brothers and myself. How do I close the trust legally? Do I have to record the trust at the Clerk of Courts office? I'm going to file a 1041 tax form this year for the Trust account with is now in my name with a new EIN number. Do I really need a lawyer to do all the paperwork to close the trust?

Asked on 2/02/13, 6:37 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary
0 users found helpful
0 attorneys agreed

The trust should specify how it is to be closed. Hiring an attorney would be the best way to make sure it is all completed appropriately. I dont believe that you need to record it in the Clerk's office at all or ever.

Read more
Answered on 2/02/13, 7:43 am
Sanford M. Martin Sanford M. Martin, P.A.
0 users found helpful
0 attorneys agreed

Based on your inquiry, you are advised to file a notice of trust in the applicable

county. You are not required to retain a lawyer but you may need help with closing

the trust and filing of taxes to avoid subsequent legal issues. If probate is involved in

estate administration, you will need a lawyer. Closing the sale of the real property

will require filing a notice of trust which will likely be required by the title company.

Read more
Answered on 2/02/13, 7:45 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida

Looking for something else?

Get Free Legal Advice

88433 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Anthony SmithLawSmithLee's Summit, MO
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now