Estate Law Questions? Ask an Estate Lawyer.
Thanks for your question and good evening to you.If you have a will with a credit shelter trust the will has to be probated in the courts of Florida in order to fund the trust.It is possible here to create trust while alive to avoid probate.But anytime a will is involved application for probate is required to have it formally admitted and accepted here in Florida.You may want to consider an estate planning lawyer if your goal is to avoid probate you may need to place your assets in a trust now.The problem with combining a will with a trust in it is that unfortunately you will have to probate it and have the court find it to be legally valid.
You may want to talk to a local estate planning lawyer about a living or other trust here if you are wanting to avoid probate.
The Florida Bar LRS Tallahassee, FL Phone:(NNN) NNN-NNNN Toll free:(NNN) NNN-NNNN(Statewide & Nationwide) Counties Served: Statewide I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
In probate here the court reviews the will to make sure it meets the following requirements.
Here under Florida law, any person eighteen (18) or more years of age, or an emancipated minor, who is of sound mind may make a Will. (Section 732.501)
A Will must be in writing, signed by the testator at the end, and by two witnesses. If the testator cannot physically sign their name, they may direct another party to do so. This party may not be one of the required witnesses. Each witness must sign the Will in the testator’s and other witness’s presence. ( Section 732.502)
Any person competent to be a witness may act as a witness to a Will. Generally, it is recommended that the witnesses to the Will be “disinterested”, which means that they are not beneficiaries of the Will. In Florida, however, a Will, or any part of it, is not made invalid if it is witnessed by an interested witness. ( Section 732.504)
If a Will’s authenticity is unchallenged it may be probated in a simplified procedure if it has been self-proven. Witnesses to a self-proven Will are not required to testify in court because the court automatically accepts a self-proven Will as authentic. Once will is probated the terms pf the will and trust come into being and the court will see that they are carried out.Thanks again for letting me help you.Have a great fourth of July.Let me know if you have more questions, it is never a problem.
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