Eustis, FL Estate Planning Law Firms & Lawyers

Who owns the house? What about other assets? Grandmother's whole estate should be taken through probate, and then all the bills are handled and the property remaining is distributed to the right people.

Generally, speaking, there should be no need to re-title the real estate. Holding the real estate in trust avoids the need to open a probate estate to transfer the real estate upon the husband's death. Also, holding the property in trust is generally done to utilize the husband's estate tax exemption (and minimize and possibly eliminate any federal estate taxes that may be due on death). So, assuming the terms of the husband's trust meet the needs and goals of the wife, title does not have to change to the wife's trust. As the beneficiary of the husband's trust, the wife should have the benefit and use of the real estate. Once the husband has died, the wife may want to hold title in her name (or in through her trust). However, it is unclear from your question as to what type of trust holds the real estate and why the title was not equally divided between the husband and wife. So, you should have an estate planning lawyer review the terms of the husband's trust with you to make sure it meets your needs and estate planning goals. This answer is for informational purposes only and is not intended to be legal advice nor does it establish an attorney-client relationship. Please consult a local estate planning lawyer to obtain legal advice that is tailored to your circumstances and facts. I am happy to discuss this with you in greater detail.

How do you expect to recover the funds if you do not give *complete disclosure to the attorney you hire *to recover the funds from the two trustees and the attorney who represents the two trustees? *What reason do you have for not disclosing this information?* No attorney I know would take a case with a client that will not disclose all information.