Legal Question in Wills and Trusts in Florida

What happens after my death in the State of Florida if I have a will and also a revocable trust?

Asked on 12/05/19, 10:44 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

The trust deals with your assets within it and the will deals with the assets in your name individually.

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Answered on 12/05/19, 10:50 am

Your will becomes a "pour-over will", which means the trust takes priority but for any assets not held in the trust, provisions of the will then become applicable. It is important to manage your trust, meaning as you acquire new assets, be sure to include them in your trust or they may have to be probated with the will at the time of death.

You should always seek the help of an estate planning attorney when adding property to a trust, especially real estate. In Florida, if not done properly, real property can lose its homestead status and protections.

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Answered on 12/05/19, 12:38 pm

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