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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37095
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am executor for my now deceased sister. She had a test

Customer Question

I am executor for my now deceased sister. She had a test that's never filed, signed a revocation of the trust and completed a will. We cannot find a copy of the trust. The house deed was transferred to the trust in the county courthouse but no trust was filed. We cannot locate a copy or find the attorney that completed it. Can we file the revocation of trust and the will and be able to sell/transfer the house to the heirs listed in the will?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: This is in Florida.
JA: Has anything been filed or reported?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of now.
Submitted: 14 days ago.
Category: Legal
Expert:  Barrister replied 14 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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Was the revocation of the trust signed by her personally and dated?

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thanks

Barrister

Customer: replied 14 days ago.
Customer: replied 14 days ago.
It was signed 12/8/16.
Customer: replied 14 days ago.
The trust was dated Sept 30, 1999.
Customer: replied 14 days ago.
Her will is dated June 14, 2017.
Expert:  Barrister replied 14 days ago.

Ok, then I would opine that a judge would rule that the trust was effectively revoked by the grantor and that means that the property would go back into their name as of the date the trustee deeded it back over. Since that didn't happen, the judge will have to sign off on an order transferring the property back into the deceased's name, so it will go into their estate to be disposed of by their will.

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thanks

Barrister

Customer: replied 14 days ago.
we should now file the revocation of trust and the will at the courthouse, correct?
Expert:  Barrister replied 14 days ago.

Yes, in order to probate the will, the named executor has to file a formal probate case in the local probate court in the county where the deceased lived. Then the judge will set a hearing date where they will formally appoint the petitioner as Executor/Personal Rep.

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However, under FL law, the courts consider this practice of law so the executor will have to hire a local probate attorney to assist with settling the estate. But they can also help to push through the motion to terminate the trust based on the revocation and transfer the property back into the estate.

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thanks

Barrister

Customer: replied 14 days ago.
I was told that since the estate value is less than $75,000 we are not required to hire an attorney. Her homestead (house) is exempt from that value. The remainder of the estate is less than $75,000. Can we do this without an attorney?
Expert:  Barrister replied 14 days ago.

According to Rule 5.030 of the Florida Probate Rules, a personal representative must be represented by an attorney admitted to practice in Florida unless the personal representative remains the sole interested person. An "interested person" is any person who may reasonably be expected to be affected by the outcome of the proceeding. A personal representative who is an attorney admitted to practice in Florida may represent himself or herself.

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So if there is more than one person who stands to inherit, then no, the PR has to hire an attorney to assist.

Customer: replied 14 days ago.
OK. Thanks. There is more than one person listed in the will.
Expert:  Barrister replied 14 days ago.

Then the PR is kind of stuck here... Personally I think it is just a money grab by the probate attorneys as most estates are relatively simple.. But FL and TX and a few other states mandate it.

Customer: replied 14 days ago.
Any suggestions of a good attorney in Bay County, FL?
Expert:  Barrister replied 14 days ago.

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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The process is the same for any attorney, so you can shop around based on price..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Customer: replied 14 days ago.
Thanks. 5 stars!
Expert:  Barrister replied 14 days ago.

Much obliged... but there should actually be something on your screen that you click on....stars..smiley faces..numbers... and it rates my service... I am not sure what you see as I havent' been on your side of the computer in a few years..

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Barrister