How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask RayAnswers Your Own Question

RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 30330
Experience:  Texas lawyer for 29 years in Estate law
8534270
Type Your Estate Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

if you have a will with acredit shelter trust and do not have

Resolved Question:

if you have a will with acredit shelter trust and do not have an irrevocable trust, can you avoid probate in the state of Florida
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

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.

Expert:  RayAnswers replied 1 year ago.

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.

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 30330
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 2 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.
 
 
 
Chat Now With An Estate Lawyer
RayAnswers
RayAnswers
Lawyer
2614 Satisfied Customers
Texas lawyer for 29 years in Estate law