When not to us a Living Trust in Florida

Florida Revocable Trust‘s are often used to avoid problems. The North Carolina Estate Planning Blog has an interesting article on when you should not use a Living Trust.

1. You want the court to dictate how your estate is handled.
2. You favor supporting the government, so you like the idea of your estate paying thousands of dollars in court fees.
3. You believe testamentary dispositions and lists of assets should be public record.
4. You want your executor to experience the joy to traveling to another state to handle probate in the location in which you own your timeshare, land, vacation place, etc.
5. You know your executor will enjoy filling out and signing lots of forms; after he or she has nothing better to do.
6. You know your family will not mind waiting for all the minute details of probate to be completed before the estate is closed and the assets distributed.
7. You are glad that the court clerks are kept busy, so a several month delay in approving a final account is no big deal.
8. An finally, you favor supporting lawyers, so you don’t mind your estate paying thousands of dollars in attorneys fees for ensuring that the court requirements of probate are met.

While this article is from a sarcastic point of view, there are sometimes when the court forced supervision over probate is an advantage to the uncertainty of trust disputes. Florida has taken steps to make the Florida Revocable Trust a better tool to use than in many other states. Florida now provides for a short 6 month statute of limitations on trust disputes when proper notice is given.

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