Legal Question in Wills and Trusts in Florida
If you have a PR that's acting like Real Property with contracts and land involved are in an Estate and they are selling property, then later when they don't get their accounting waivered, they then say it's been determined that Real property has been transferred to Trust. Now, in the beginning, when the PR list there's a trust, it had nothing in the trust, because the descendent didn't have anything in the trust. So the PR's acting like they can sell and do whatever they please, now later after theirs no waiver, the PR transfers to trust. My question is, is there a law on the books that when the PR files with the court that there's a trust, do they have to show what's in the trust at that time? Because, nothing was in the trust and now it's being transferred years later!
3 Answers from Attorneys
There is no law addressing your question. The PR is required to marshal all assets of the Estate. If property is properly in a trust, than it likely was there already and no transfer is needed. if there is an testamentary trust that is created it is created by the Will and the Court already has that documentation. if you have questions about what is being done it sounds like the time to ask them was when you got notice of the Estate NOT when you get a request to waive the final accounting. Seek some legal help.
Do not waive the final accounting - instead ask the court for a hearing on the final accounting.
The PR cannot put assets into an unfunded trust unless the will so provides.
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