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Nate, Attorney
Category: Estate Law
Satisfied Customers: 10685
Experience:  Over 10 years of legal estate experience.
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my mom had a revocable living trust in the state of florida

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my mom had a revocable living trust in the state of florida my sister brother and myself are cotrustees and only beneficiaries of her estate. what do i need to be able to access her bank accounts and do i need to file her will with the probate court? must all trustees be present to access accounts? i live out of state in nj
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

Are there any assets of hers not accounted for in the trust that are otherwise in the will?
Customer: replied 3 years ago.

it states real personel or mixed

Let me rephrase the question to make sure I am clear - is there anything of hers of value not specifically addressed in the trust?
Customer: replied 3 years ago.

no nothing that i can think of says i give and devise all the rest residue and remainder of my estate

That's called a "spill over will", just in case something is not addressed in the trust.

In that case, there's no need to probate the will. The trust is sufficient to access all her accounts and assets. If you are listed as co-trustees any one of you can access those assets. All do not have to be present or involved.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.


Customer: replied 3 years ago.

is a copy sufficient to show bank or is original required? so to be sure no need to file with broward county in fla?

There's no requirement to record it with the county. The original will need to be used.
Customer: replied 3 years ago.

assuming my brother has original as he sent copies to myself and sister. it was hard to find, what if can't put hands on original?

In that case, then you would need to file a petition with the court and get a court order verifying that it is a true and accurate copy of the original trust.
Customer: replied 3 years ago.

even though was prepared by attorney and signed by himself and witness?

If it's a copy, what I stated needs to be done. If it is the original nothing needs to be done.
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