Trust beneficiaries must receive notice of probate pleadings if the trustee is also the personal representative of the estate.

Chapter 731 of the Florida probate code gives standing to trust beneficaries when the personal representative of the estate is also the trustee of the trust.  If the personal representative was not the trustee of a trust that receives estate assets, then the personal representative of the estate could notice the trustee of the trust with probate pleadings and the trust beneficaries might not know what happened unless they received pleadings from the trustee.  Further, in that situation, if the trustee receives a probate pleading and does not take action if required, then the trustee's failure to act binds the beneficaries from suing the personal representative (although the beneficaires could hold the trustee liable). 

However, if the personal representative is the trustee of a trust, then the personal representative must send all probate pleadings to the trust beneficaries.  If you ever receive a probate pleading and don't understand it contact Linde Law Group today as you may be waiving important rights. 

Matthew A. Linde
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