What filings must be made regarding a Will and Trust?
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What filings must be made regarding a Will and Trust?
My 90 year old mother is under hospice care in nursing home. There is an estate worth $4M in Trust. The Trust, Will and POA have been filed with Clerk of the Court. There are no assets outside of the Trust; everything was sold years ago. All assets are liquid. I am the trustee (son) and there are a total of 4 beneficiaries where the liquid assets will be split equally. When my mother dies, other then filing the death certificate and completing a 1040 and 1041, do I need to file any other legal documents with the clerk since there are no probate assets. I have a CPA and don’t want to hire an attorney. I just want to make sure I do not miss any filings with the Clerk.
Asked on July 1, 2014 under Estate Planning, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Assuming that there are no assets of your mother outside the trust's ownership, then any assets would be subject to the presumed "pour over Will" of your mother that needs to be probated unless they are in joint tenancy. Given the broad nature of your question and the size of the estate, it is best for you to consult with a Wills and trust attorney in your locality for help. Such an attorney can be found on attorneypages.com.
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