Asked in Estate Planning and Real Estate Law for Florida

Q: Hello, My mom passed away September 11, 2018 and the estate was put into a living trust, but it was set up as a will.

Should the executor have submitted the wheel to the county clerk in Brevard county Florida within the 10 days after my mom passed? How do I get a copy of the will if the executor is not cooperating?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: If your mother put all of her property into a trust before she died, I don't know what you mean "it was set up as a will". A will would be ineffective to pass any property and a probate case would not need to be filed. And the person named as executor ("personal representative", actually) would not actually become a personal representative in the sense of the person who administers a probate estate. The trustee would administer the trust instead.

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