petition court to add asset to trust after death?

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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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