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Is a Notice of Trust required to be published in a newspaper in lee county, FL

Estero, FL |

death occured in December, 2012

Attorney Answers 4


  1. By publishing to creditors it allows you to limit the time with which they can file a claim. If you do not publish, creditors will have 2 years to file a claim against the Estate leaving the Estate liable for a longer period.


  2. There are several different avenues for notification of creditors, which, as Attorney Gerling points out, is a requirement for the administration of the estate. If you are the personal representative of the estate or the Trustee of the trust, you have a right (and should take advantage of that) to have an attorney advise you as to your fiduciary responsibilities. You won't be saving anything by not placing a notification in the paper - legitimate creditors have a right to have their debts paid by the estate prior to any distributions going to beneficiaries. Get a good local trusts and estates attorney to assist you with the administration.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.


  3. As others have pointed out, you need to hire an estate/probate attorney to assist you. Although the trust itself is not a probatable asset, there is probably a payment of debit clause in the trust. An attorney will be able to review the trust and advise you how best to proceed.
    Good luck

    Answer does not constitute legal advice. Please call my office, (727) 471-0039 or contact me at arauman@protectyourfuture.com, if you would like to discuss your Florida legal matter further. This answer is provided for informational and/or educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Adam is a Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.


  4. There is no statutory requirement to publish notice of trust. However it is generally a good idea to provide such a notice in case there are creditors so that they can be so reasonable deat with in a timely fashion. And as other attorneys have pointed out, this may also be useful in conjunction with any type of probate administration that will ultimately impact the trust.

    Without more information, the best advice that I can recommend to you is to contact an attorney in your area and discuss the situation further. This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. Best of luck to you, Shawn C. Newman, Esq. Attorney At Law 710 NE 26th Street, Wilton Manors, FL 33305 (877) 552-9385 Email: Shawn@ShawnNewman.com Licensed to practice law in New Jersey, Florida and the District of Columbia

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