Trust And Pour Over Will

Summary

If a trust includes a pour-over will, assets not in the trust must go through probate before being transferred to the trust. As a trustee, you must manage the trust according to Florida laws, distribute assets, pay debts, and meet legal obligations. Assets already in the trust generally bypass probate and can be distributed directly to beneficiaries. Consult a Florida estate attorney for specific guidance.

Full Conversation

a trust with a pour over will in florida
Hello ****, are you a resident of New Jersey and looking to set up a trust with a pour-over will in Florida? Could you please provide more details about your situation?
no mom died in florida with a truct and pour over will
I'm sorry to hear about your loss, ****. Did your mother's will or trust specify any particular distribution of her assets or did she have a designated executor or trustee?
i am trustee
I'm sorry for your loss, ****. As the trustee, you're responsible for managing the trust according to your mother's wishes. Since the trust is based in Florida, you must follow Florida's trust laws. Here are some general responsibilities:
- Distributing assets as outlined in the trust.
- Paying any outstanding debts or taxes.
- Ensuring all legal obligations are met.
For specific advice, you may want to consult a Florida estate attorney.
what about brokerage accouunt that was not in the trust
As a trustee, if your mother's brokerage account was not included in the trust, it will likely have to go through probate. The Florida Probate Code may be referenced for guidance. For specific advice, consult a probate attorney in Florida.
so it has to go through probate to an estate account and then tranfered to the trust account
Yes, ****. Generally, if an asset like a brokerage account wasn't included in the trust, it must pass through probate. After probate, it can be transferred to the trust if the will instructs so. For exact procedures, consult a Florida probate attorney.
do I have to deak with the court in florida regarding the distribution of assets in the trust
Yes, ****. As a trustee, you may need to interact with the Florida court system if there are disputes, issues with creditors, or probate processes for assets not included in the trust. Consult a Florida estate attorney for specific guidance.
if assets are in the trust they do not have to go through tthe courts
That's correct, ****. Generally, assets held in a trust do not have to go through probate court. They can be distributed directly to the beneficiaries as per the trust terms. For specific advice, consult with a Florida estate attorney.