Legal Question in Wills and Trusts in Florida

Several years ago, "Mr. & Mrs. Smith" made a living trust. Last year, "Mrs. Smith" passed away, therefore leaving everything to "Mr. Smith". Over the years the "Smiths" had changed banks and when opening new accounts, they failed to transfer some of them to the living trust. Upon "Mr. Smith's" death, will the pour-over will transfer these accounts to the trust? If not, what will happen to these accounts?


Asked on 5/28/11, 6:26 am

1 Answer from Attorneys
Richard Kaplan

If the accounts are only in his name, requiring probate, then the Will will capture it through probate and put it into the Trust. However, the Will does not avoid the probate.

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Answered on 5/28/11, 6:30 am


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