Newark, NJ asked in Real Estate Law, Probate and Estate Planning for Florida

Q: I live in the state of New Jersey my mother lives in the state of Florida all her assets are in the state of Florida.

There is a registered trust with Broward county what do I need to do in the event of her death I do not have access to anything. I am named as executor of her estate.

3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: It depends upon what assets the trust has, and which assets the estate has. If you are named as personal representative in her will, and if her estate has assets, you need to see a Florida attorney about having the will admitted to probate. If someone else is trustee of the trust, your attorney will be able to advise you what, if anything, you need to do in regards to the trust.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You will need and want to get hold of a Florida Probate Attorney and they can advise and guide you on what your next step/s would be related to any property and need for probate. Remember, any assets that are in your mom's name alone and that have not been put into the Trust may end up needing to go through probate. The Trustee handles issues related to the Trust and carrying out the terms of the Trust, the Executor (in Florida called Personal Representative) carries out matters related to the Will and Probate once the court/judge approves of the Executor/Personal Representative. Should the time come at some point, you should have the Will and or Trust reviewed and related estate planning documents. For example, what does the deed to any property say, this will matter, is there a surviving spouse as this will matter, is the property homestead as this will matter and so forth. If your mom passes away you will end up needing a Florida Probate Attorney for probate and related estate matters and issues.

Linda Liang
Linda Liang
PREMIUM
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: Executor of her estate is not the same as the trustee of the trust. You need to refer to the terms of the trust and expect the instruction to be followed.

Phillip William Gunthert agrees with this answer

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