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?

UPDATED: Oct 22, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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