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Was the revocation of the trust signed by her personally and dated?
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.
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.
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.
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.
So if there is more than one person who stands to inherit, then no, the PR has to hire an attorney to assist.
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.
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