After the death of the grantor of a trust, how long does the trustee legally have to split the trust equally to the 3 beneficiaries?

The grantor has been deceased for 6 1/2 months. There are no probate hearings or any legal expenses that need to be paid from the trust. The trustee is one of 3 beneficiaries, all children of the grantor and does not like the brother and sister so is not dividing the trust. Is there a time frame in Florida that the trust must be divided by and what state law can be referred to. Is there any way to force the trust to be divided other than filing suit?

Asked on October 22, 2011 under Estate Planning, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The benefit of a trust is that it is not a public document like a Will and the administration of a trust with distribution of assets can take place much quicker than in a probate situation. There is no set time period for the distribution of trust assets.

If there is some delay in your situation, you need to contact the trustee and or the attorney representing the trust to see why the delay for distribution of estate assets under the trust.

At worst scenario, an action could be filed in the county court house to compel the trustee to move forward with trust administration of the estate you are writing about.

Good luck


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