petition court to add asset to trust after death?

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petition court to add asset to trust after death?

Mother, resident in Missouri,died in 2014 with assets in trust except for real estate vacant lot owned in Florida in her name only. Can the court either Missouri or Floridabe petitioned to add this property to her trust? or is probate in our future?

Asked on August 26, 2019 under Estate Planning, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately, probate is in your future. A trust is the creation of the person and documents creating it. The court cannot and will not presume to know what your mother wanted to do with the lot--for all the court knows, she might have built on it, sold it, gifted it to somone or donated the land to her religious institution or a charity, etc. It will not assume she was going to put it into the trust and add it thereinto.


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