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Probate & Trust Administration

Establish a proven asset protection strategy.

The lawyers of the Duffey Law Firm have extensive experience in all aspects of Florida probate matters in all courts/jurisdictions in Florida, from Miami to Jacksonville, from Boca Raton to Tampa and every other city and country in Florida. Some aspects of probate administration are listed, but the list is not exhaustive, call us if there is anything you need in a probate administration not listed below.

Petition for Administration (to open probate)

Appointment of Personal Representative (executor)

Oath of personal representative

Notice of administration

Notice of trust

Notice to creditors (direct)

Publication of notice to creditors

Filing of last will & testament

Appointment of commissioner to prove will

Order admitting will

Letters of administration

Designation of electronic mailing address

Notice of confidential filing

Marshaling of assets

Determination of heirs

Elective share

Final accounting

Receipt of beneficiaries

Report of distribution

Affidavit of no Florida estate tax due

Homestead

Petition for discharge

Order of discharge

Petition for probate of lost will

SS-4 application for tax ID number

Proof of publication of notice to creditors

Accepting or objection to claims filed

Personal representatives proof of claim

Payment of claims

Inventory

Elective share

Filing of death certificate

Do you need help with probate & trust administration?

The Duffey Law Firm attorneys are experienced in all areas of Trust Administration which may include some or all of the following. The extent of the formalities which must be followed and the duties of a trustee in administering the trust can vary greatly depending on the type of the trust, the nature and extent of the trust assets, the various consideration of the beneficiaries and the various circumstances of these key elements.

 

Irrevocable trusts- as soon as a trust becomes irrevocable, there are certain duties which are imposed upon the trustee:

Duty to inform the beneficiaries of the existence of the trust

The nature of the trust or terms of the trust relative to the beneficiary’s interests

Annual accountings of the trust’s assets and transactions impacting the trust and/or its assets

In addition to the minimal duties and responsibilities of a trustee with regard to notices to beneficiaries the trustee has the following duties:

Duty to manage trust assets in a reasonable and appropriate manner, including but not limited to; investing, managing, controlling, and preserving

Duty to file all necessary and appropriate tax returns and pay taxes as due

Duty to make distributions to trust beneficiaries as provided under the terms of the trust

A trustee may have to provide certain reports or accountings to many different types of beneficiaries such as lifetime or current beneficiaries, remainder or contingent remainder beneficiaries and possibly even remote contingent beneficiaries.

 

Under certain circumstances, a trustee must be prepared to defend the trust from attack by a creditor, or to defend himself or herself as the trustee from a criticism, or lawsuit by an unhappy beneficiary.

 

A trustee may have to seek a court opinion with regard to certain trust terms, which may be unclear or ambiguous. Also, a trustee may be required to make a judgment as to whether or not the trustee can or should, decant the trust in order to fulfill the intent of the settlor (the trust creator).

 

Some trusts may require the trustee to make a decision to split one trust into two or more trusts or to join two or more trusts into one. Careful analysis needs to be made by the attorney’s, possibly in conjunction with the CPA on the tax consequences and necessary tax filings for such actions.

 

At some point in the trust administration it may become necessary to terminate the trust, as a threshold discussion the trustee might have to make the choice as to terminate under the terms of the trust or by an order from the court.