Trust distribution w/out Probate?

[Zachary]

What is the name of your state?
FL

Have written here previously and been patiently waiting for my brother, executor of our fathers estate (died April), to provide me any info on the will and Trust, since my father in his final months disinherted me. (My father told my brother to not tell me anything about his will, trust, etc., but my brother continues to say he'll do right by me and to be patient.)

Since then, no papers of any kind have been filed.

In order to avoid possible bitter feelings, is it advisable to continue to wait and see what papers are filed and what the will says (it may have put everything to the trust - which I will never see) before taking possible legal steps? I thought whether it was a will or trust, creditors/interested parites had 90 days in which to file a claim once papers were filed at the courthouse?
Then again, if the will pours everything into the Trust, does that mean all the settlement proceedings are done in secret and no notice to the public or interested parties is required?

I'd rather wait, but do not want to find out later that the estate was settled and distributed without having had a chance to speak up if I think it appropriate.

(And Dandy Don... thank you again.)

 

[Dandy Don]

Yes, it is possible that your father could have decided to put everything into the trust, in which case those matters will be handled privately by the trustee and you would have no way of finding out what is going on, only any beneficiaries named in the trust would get what is coming to them.

Each state's laws are different in regards to whether any filings about trusts must be reported to the probate court.

All you can do is to sit back and wait to see what information your brother is going to provide (if any). I want to believe his statement that he will do right by you, but his unwillingness to tell you anything about the estate would seem to indicate that he is just saying that to give you the brush-off, unless he has the honest excuse of being too busy managing the estate and trust affairs to be able to give you a definitive answer until taxes and debts have been paid.

Since you have been disinherited, your chances of receiving anything don't look good at all. You should be speaking to a trust attorney to find out what information you would be able to find out about the trust.

DANDY DON

 

[Zachary]

Dandy Don -

Thanks for your reply.

Does this mean that if in fact everything is in a Trust, that the executor does not have to file (record) any paperwork with - say the county courthouse and give notice thru the locak newspaper - so that any potential creditors have a chance to come forward?

 

[Dandy Don]

The executor does not manage the trust, the trustee does.

You would need to consult with a local trust attorney to find out if any type of public notice is required--there probably isn't.

It is most unlikely that any creditors would be submitting bills to a trust, since that is normally done only with an estate/will.