Parrish, FL Estate Planning Law Firms & Lawyers

You have to commence a probate proceeding to claim the proceeds as estate property. The Estate would then collect the proceeds and distribute to the heirs of the estate either according to the will if there is one or by the laws of intestate succession if there is no will.

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.

The chances are, if you are the Trustee, that it is a Revocable Trust. An irrevocable Trust would most likely have required a different Trustee - among other things. If it is a Revocable Trust, it should, by its terms, allow you to amend it "in whole, or in part, or to revoke it" - or words to that affect. Depending on how old the trust is and how well it was drafted in the first instance, if you see another attorney about the Trust, he or she might recommend a "restatement" or "amendment" of the entire trust. The law has changed quite a bit over the last 15 years.