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In Florida as in most states, a Trustee has a fiduciary duty to administer the Trust according to the terms of the Trust. This is an extremely high standard of care. A trustee is an individual or entity that holds property for the benefit of another. Trustees are...

For any assets which the deceased person owned jointly with a person other than their spouse, the decision whether probate is necessary depends on the way title or ownership is held. If the assets are title with ownership as "Joint Tenants with Rights of Survivorship"...

For any assets which have either a beneficiary designation, a pay-on-death ("POD") designation, or a transfer-on-death ("TOD") designation, probate is not necessary. At the death of the owner, these assets will be paid or transferred directly to the named designee....

Probate is not always required in Florida when a person dies. There are several situations where the deceased's assets can pass without probate. An experienced Florida probate lawyer will tell you that there are at least four situations where probate is not necessary....