Legal Question in Wills and Trusts in Florida

We were told that in the State of Florida we need a Living Trust (a written will is not enough) or everything will go to probate. Is this true?


Asked on 9/09/11, 6:43 am

2 Answers from Attorneys
Richard Kaplan

No. A Living Trust may avoid probate, but there are other ways as well, i.e., joint ownership, ITF/ATF, naming beneficiaries, etc.

If an assets does not show who the owner is on death, then it goes through probate, and the Will is a set of instructions directing who is in charge, and where the asset goes. If a successor owner is given, it does not go through probate and the Will does not affect it.

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Answered on 9/09/11, 7:04 am
Lucreita Becude Lucreita D. Becude, P.A.

Don't get sucked into thinking you need a living trust. If you need help in getting your estate together please contact my office for an appointment. 904-997-1031

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Answered on 9/11/11, 5:29 pm


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