Legal Question in Wills and Trusts in Florida

hi,, under what circumstances, statues or conditions could a judge have the trustee of fully funded, notarized, lawyer drawn and signed and completely executed according to said trust be ordered to turn over personal property that was legally noted and signed and title into this same trust to a personal representive with a pour over will only which dictates that anything that may have been left out of trust was to then been turned over to trustee to distribute. which there was 2 vehicles only left out and they went as directed one with in months of deceased and the other later. everything else was titled to the trust and left for a single individual.. how can probate be opened when there is all necessary documentation and explicit directions given in a lawyer drawn fully funded and notarized and witness article.. and probate opened almost 3 years after death and distribution of items.

Asked on 3/28/12, 4:22 am

2 Answers from Attorneys

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

Probate may be initiated under certain circumstances, e.g., where an interested

person has objected to or questioned the administration of the trust or other matter.

It is necessary to review the petition for probate to understand the reasons for the

court decisions. You should discuss the issue in detail with a lawyer.

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Answered on 3/28/12, 4:56 am

Lucreita Becude Lucreita D. Becude, P.A.

This is not unusual but if there was inappropriate handling of the matter, then contact a probate attorney to discuss these issues.

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Answered on 3/28/12, 7:35 am

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