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

death occured in December, 2012

Estero, FL -

Attorney Answers (4)

Dana Laganella Gerling

Dana Laganella Gerling

Wills and Living Wills Lawyer - Bradenton, FL
Answered

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 If you do not publish, creditors will have 2 years to file a claim against the Estate leaving the Estate liable for a longer period.

Carol Anne Johnson

Carol Anne Johnson

Trusts Attorney - Saint Petersburg, FL
Answered

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,... more
Adam Troy Rauman

Adam Troy Rauman

Estate Planning Attorney - Saint Petersburg, FL
Answered

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@... more
Shawn C Newman

Shawn C Newman

Estate Planning Attorney - Fort Lauderdale, FL
Answered

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... more

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