Legal Question in Wills and Trusts in Florida

Isn't the purpose of a trust to avoid the probate court when the first trustee dies?

Asked on 2/29/12, 7:55 pm

4 Answers from Attorneys

John Harmon The Law Office of John W. Harmon

There are many reasons for a trust. Avoiding the probate court is just one of them.

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Answered on 2/29/12, 8:13 pm

Four main reasons to creating a Trust.

#1 To Avoid Probate

#2 Reduce Federal Estate Taxes

#3 Long Term Distribution of Assets

#4 Control of Assets when Grantor is Incapacitated

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Answered on 3/01/12, 4:04 am
Lucreita Becude Lucreita D. Becude, P.A.

However, if you have r/e property, it will need to be probated.

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Answered on 3/01/12, 5:34 am
Frank J. Pyle Probate Attorney Throughout Florida

Most trusts are set up in order to avoid probate when the Grantor/Settlor/maker dies. That person is usually the trustee, but the death of a trustee has no bearing on probate.

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Answered on 3/03/12, 7:07 am

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