Legal Question in Elder Law in Florida

Why can't I access my answer?

I am a Florida resident with a living trust written in Florida. I also have property in Illinois. My daughter is a trustee with me for the trust. She lives in Illinois. May we use an Illinois attorney to settle the estate when I die?? Is it possible that an attorney can be found who does not charge according to a percentage of the estate but rather charges for the time he spends or even a flat fee for settling an estate? Thanks.

Asked on 3/22/13, 10:48 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

The purpose of the trust is to keep the assets out of probate and thereby avoid the court costs etc. When you pass, she will become the trustee and will disburse according to the trust. Why would she need a lawyer? The trust will not be called into question unless she does not do as it directs or there is some question as to someone not receiving assets.

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Answered on 3/23/13, 5:35 am

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