Q: Execution of trust without prior asset transfer in Florida
In accordance with Florida law, can a revocable trust be executed or delivered if the assets, such as bank investments and real estate, were not transferred into the trust account before the grantor's death? My aunt passed away in September 2024, and her lawyer did not explain that the assets needed to be transferred while she was alive. There is no documentation from the lawyer regarding the asset transfer process.
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A: In Florida, a revocable trust must have assets properly funded into it during the grantor’s lifetime to fully function as intended. If assets like bank accounts and real estate were not transferred before your aunt’s passing, those assets may need to go through probate to be moved into the trust, unless a pour-over will directs them there. Since her lawyer did not provide documentation on the funding process, you may need to review her estate plan and determine if probate or other legal action is required. Consulting a probate attorney can help assess your options and ensure the assets are distributed according to her wishes.
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