My question is in regards to my grandfathers estate and I am writing on behalf of my mother. My grandfather passed away two months ago and did not create a formal trust. The only thing my grandfather created was a three page notarized last will and testament that names my mother as the sole executor of his properties, bank accounts, etc. My grandfather only had two children, my mother and my aunt. My mother is attempting to do as my grandfather wanted and has filed for an EIN to begin opening an account in the estate name. The bank is requesting copies of the formal trust. They have been provided with the only document left by him, what other information or forms would they require? Would it be too late to establish the trust and is it necessary? My second question is that the will and last testament also states the executor can sell the properties without notice only subject to such confirmation of the court as required by law. The properties have multiple owners on the title. Does the executor need all owners to agree or can she sell as stipulated and distribute the money as stipulated in the document if the sale occurred?
Unfortunately without a living trust owning the properties owned by your grandfather, your Mother will not be able to sell or distribute the properties until she is officially appointed as the executor by a probate court. It is too late for a trust to be created. She should probably consult with an attorney to have the probate opened. Once she is appointed executor she can sell the properties but if there are other owners she may would have to go to to court again in order to force the sale.
You are using words associated with a will and trust interchangeably. They are not the same, Your mother should contact a Florida Probate attorney to discuss and review her situation.
Property is rarely transferred by trust. If there is no trust, property must be transferred exactly as the will is worded. Presumably the executor has retained a lawyer who will help guide her through probate.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.