[
    {
        "role": "user",
        "content": "dad%20recently%20passed%20away%20in%20florida.%20i%20am%20the%20executor.%20he%20had%20a%20will%20which%20refers%20everything%20to%20his%20revokable%20trust%2C%20which%20is%20now%20irrevokable.%20must%20i%20file%20the%20will%3F%20must%20I%20give%20copies%20to%20non-beneficiaries%3F%20how%20about%20the%20trust%20documents%3F"
    },
    {
        "role": "assistant",
        "content": "Here\u2019s how Florida law generally treats these issues\u2014filing the will, sharing copies with non\u2010beneficiaries, trust documents\u2014especially when a revocable trust becomes irrevocable at death. This is not legal advice, but it should help you understand what you\u2019ll likely need to do; you should consult an estate attorney in Florida to apply this to your specific circumstances.\n\n---\n\n## 1. Must you file the will (probate)?\n\n- Under Florida Statutes \u00a7 732.901(1), **yes**, the person who has the original last will must file it with the clerk of the circuit court in the county where the person (the decedent) lived, *within 10 days after receiving information of the death*. ([floridaprobatefirm.com](https://www.floridaprobatefirm.com/faqs/wills-trusts/seeing-will-after-persons-death/?utm_source=openai))\n\n- Probate may or may not be necessary **if** all assets are already titled in the irrevocable trust and there are no probate assets. But even with a trust, if there are other assets (like bank accounts not titled in the trust\u2019s name, real estate held in a personal name, etc.), probate might be needed for those assets. Also, filing the will is the basic requirement even if most assets are in trust. ([floridabar.org](https://www.floridabar.org/public/consumer/pamphlet026/?utm_source=openai))\n\n- If the trust is properly funded and includes a \u201cpour-over\u201d will (a will that transfers remaining probate assets into the trust), probate still starts via the will. The executor/personal representative must file the will, handle probate for any non\u2010trust assets, etc. ([floridabar.org](https://www.floridabar.org/public/consumer/pamphlet026/?utm_source=openai))\n\n---\n\n## 2. Must you give copies of the will to non-beneficiaries?\n\n- \u201cNon-beneficiaries\u201d (people who don't inherit under the will) generally do **not** have a valid legal claim to see the will simply because they asked, though they might if they have other \u201cinterested person\u201d status (creditor, heir under intestacy, etc.). Beneficiaries and heirs do have statutory rights. ([floridaprobatefirm.com](https://www.floridaprobatefirm.com/faqs/wills-trusts/seeing-will-after-persons-death/?utm_source=openai))\n\n- The will becomes a public record once filed with the probate court\u2014so anyone (including non-beneficiaries) who searches the court file after filing can obtain a copy, unless the will is sealed by a specific court order (which is rare). ([floridaprobatefirm.com](https://www.floridaprobatefirm.com/faqs/wills-trusts/seeing-will-after-persons-death/?utm_source=openai))\n\n- If someone is legally an interested person (as defined by statute)\u2014for example, a creditor, heir, or someone with a legal claim\u2014they may have rights to notice and to access certain documents in the Probate Estate. That may include the will once filed. ([floridabar.org](https://www.floridabar.org/public/consumer/pamphlet026/?utm_source=openai))\n\n---\n\n## 3. Trust documents: what you need to do, and who must get what\n\nWhen a revocable trust becomes irrevocable at the settlor\u2019s death (which it usually does unless the trust states otherwise), Florida law activates certain duties of the trustee (i.e., your role as successor trustee, if that's your role).\n\n- **Notice of Trust filing requirement**: Under Florida Statute \u00a7 736.05055, the trustee must file a **Notice of Trust** with the circuit court in the county of the settlor\u2019s domicile (where he lived) and in the court with jurisdiction over his estate. ([law.justia.com](https://law.justia.com/codes/florida/2023/title-xlii/chapter-736/part-v/section-736-05055/?utm_source=openai))\n\n- This notice must contain:\n  - Settlor\u2019s name and date of death  \n  - Title/name of the trust  \n  - Date the trust was created  \n  - The name and address of the trustee ([law.justia.com](https://law.justia.com/codes/florida/2023/title-xlii/chapter-736/part-v/section-736-05055/?utm_source=openai))\n\n- The notice does *not* require you to file the full trust document in court at that time; only notice is required, not disclosure of everything. ([legalclarity.org](https://legalclarity.org/notice-of-trust-in-florida-filing-requirements-and-deadlines/?utm_source=openai))\n\n- **Beneficiary notice**: Under Florida Statute \u00a7 736.0813, within **60 days** after the trustee learns that the trust has become irrevocable (which usually is the date of the settlor\u2019s death), the trustee must provide qualified beneficiaries with written notice of:\n  - That the trust exists  \n  - Who the settlor is  \n  - The trustee\u2019s identity  \n  - The beneficiaries\u2019 right to request a copy of the trust instrument  \n  - The beneficiaries\u2019 right to accountings ([flsenate.gov](https://www.flsenate.gov/Laws/Statutes/2017/736.0813?utm_source=openai))\n\n- **Copy of the trust document**: A qualified beneficiary has the right, upon reasonable request, to receive a *complete copy* of the trust instrument (including amendments) under \u00a7 736.0813. ([flsenate.gov](https://www.flsenate.gov/Laws/Statutes/2017/736.0813?utm_source=openai))\n\n- **Accountings and information**: The trustee must keep qualified beneficiaries informed of the trust\u2019s administration and provide annual accountings (unless lawfully waived). Also, beneficiaries have rights to relevant information about assets, liabilities, transactions, etc. ([flsenate.gov](https://www.flsenate.gov/Laws/Statutes/2017/736.0813?utm_source=openai))\n\n---\n\n## Summary: What probably you should do\n\nPutting it all together, here\u2019s what you (as executor and successor trustee, if you are both) will likely need to do, or at least check whether it must be done:\n\n1. **Locate the original will** and file it with the clerk of the circuit court in your dad\u2019s county of domicile. This must typically be done within 10 days of his death, once you have the will, under \u00a7 732.901.  \n\n2. **Begin probate** for any assets not in the trust (if applicable). Even with most in trust, non\u2010trust assets might need probate.\n\n3. **File a Notice of Trust** under \u00a7 736.05055, since the trust is now irrevocable upon his death. This is a separate filing to put on record that the trust exists and has become irrevocable.  \n\n4. **Within 60 days**, give written notice to qualified beneficiaries about the trust\u2019s existence, their rights, including request copies of the trust document and accountings.  \n\n5. **Provide copies** of the full trust agreement (and amendments) to any qualified beneficiary who requests it.  \n\n6. **Keep beneficiaries informed**, prepare accountings as required, handle any estate liabilities or debts responsibly.\n\n---\n\nIf you want, I can pull up a checklist specific to your county in Florida and share sample notices/forms so you know what filings look like in practice. Would you like me to do that?"
    },
    {
        "role": "user",
        "content": "for%20willl%20filing%20requirements%2C%20is%20it%2010%20business%20days%20or%2010%20calendar%20days%3F%20we%27ve%20been%20so%20busy%20with%20funerals%20that%2010%20business%20days%20have%20elapsed%20already."
    },
    {
        "role": "assistant",
        "content": "Florida law doesn\u2019t explicitly state whether the \u201c10 days\u201d under \u00a7 732.901 F.S. is calendar days or business days. The statute simply says \u201cwithin 10 days after receiving information that the testator is dead.\u201d ([florida.public.law](https://florida.public.law/statutes/fla._stat._732.901?utm_source=openai))\n\nBecause the statute doesn\u2019t specify \u201cbusiness\u201d or \u201ccalendar,\u201d the default is usually calendar days unless there is other statutory or case law making clear otherwise. I couldn\u2019t find any cited statute or court decision confirming that \u201cbusiness days\u201d is the applicable interpretation. \n\nHere\u2019s what that means in your situation:  \n- If your dad died, and you learned of it, for example, on a Monday and then someone said you had 10 days, that would likely mean 10 calendar days\u2014so including weekends and holidays\u2014making the deadline the following Thursday (of the next week).  \n- If 10 calendar days have already passed, then technically the requirement under \u00a7 732.901 has not been met yet.\n\n---\n\n## What to do now\n\nGiven that some days have passed beyond the likely deadline:\n\n1. Don\u2019t panic\u2014the will isn\u2019t automatically invalid just because this deadline passed. The statute is about the custodian\u2019s obligation to file it; the will is still valid and can be admitted to probate even if the 10-day period has passed. ([legalclarity.org](https://legalclarity.org/what-happens-if-a-will-is-not-filed-within-10-days-in-florida-2/?utm_source=openai))  \n2. File the will with the clerk as soon as possible. Better late than never.  \n3. If someone (heir, beneficiary) raises an issue, you may need to explain why the delay occurred. If there was a \u201cjust or reasonable cause\u201d for the delay, Florida law allows that to be considered. The custodian might be required to pay costs/damages if the court finds no just cause. ([florida.public.law](https://florida.public.law/statutes/fla._stat._732.901?utm_source=openai))  \n4. If you're uncertain, discuss the delay with a Florida probate attorney\u2014they can evaluate your specific county\u2019s practices, local court rules, and whether there are any extenuating circumstances that might help.\n\n---\n\nIf you want, I can try to pull up whether any Florida court has interpreted that statutory \u201c10 days\u201d as business days in a case with facts like yours, so you can see whether you are \u201csafe\u201d with the delay. Do you want me to do that?"
    },
    {
        "role": "user",
        "content": "are%20there%20additional%20costs%20or%20penalties%20for%20filing%20after%2010%20days%3F"
    },
    {
        "role": "assistant",
        "content": "Yes, there *are* potential costs and penalties under Florida law for failing to file (deposit) a will within 10 days of learning of the testator\u2019s death, though most are civil rather than criminal. What the law provides for depends on whether the delay was \u201cjust or reasonable.\u201d Here are the details:\n\n---\n\n## What Florida Law Says\n\nUnder Florida Statutes \u00a7 732.901 (\u201cProduction of wills\u201d):\n\n- Subsection (1) requires that the **custodian** of the will must deposit the original will with the clerk of the circuit court in the county where the decedent was domiciled \u201cwithin 10 days after receiving information that the testator is dead.\u201d ([codes.findlaw.com](https://codes.findlaw.com/fl/title-xlii-estates-and-trusts/fl-st-sect-732-901/?utm_source=openai))\n\n- Subsection (2) allows any *interested person* (beneficiary, heir, etc.) to petition the court to **compel production** and deposit of the will. ([codes.findlaw.com](https://codes.findlaw.com/fl/title-xlii-estates-and-trusts/fl-st-sect-732-901/?utm_source=openai))\n\n- If the court finds that the custodian failed to file without *just or reasonable cause*, it can order that person to pay **\u201call costs, damages, and a reasonable attorney\u2019s fee\u201d** incurred by the petitioner. ([codes.findlaw.com](https://codes.findlaw.com/fl/title-xlii-estates-and-trusts/fl-st-sect-732-901/?utm_source=openai))\n\n---\n\n## What Kinds of Additional Costs or Penalties Might Apply\n\n1. **Attorney\u2019s fees and court costs**  \n   If someone had to hire an attorney and bring a petition to force you to file the will, those legal fees and associated court costs can be ordered against you if the delay is found unreasonable. ([legalclarity.org](https://legalclarity.org/what-happens-if-a-will-is-not-filed-within-10-days-in-florida-2/?utm_source=openai))\n\n2. **Damages**  \n   If the delay caused financial harm\u2014extra costs due to the delay, loss of value, or other harm to beneficiaries or heirs\u2014you could be on the hook for those damages. ([legalclarity.org](https://legalclarity.org/what-happens-if-a-will-is-not-filed-within-10-days-in-florida-2/?utm_source=openai))\n\n3. **No automatic criminal penalty or civil fine**  \n   There is *no automatic monetary fine or criminal penalty* simply for missing the 10-day deadline, so long as there is a just or reasonable excuse. Florida does **not** generally impose a fixed civil or criminal penalty for missing this deadline itself. ([yourfloridaprobatelawyer.com](https://yourfloridaprobatelawyer.com/what-happens-if-you-dont-file-the-will-within-10-days-in-florida/?utm_source=openai))\n\n4. **Court orders and contempt**  \n   If you fail to comply with a court order to file the will, a judge might hold you in contempt of court. That can include penalties determined by the court. ([legalclarity.org](https://legalclarity.org/what-happens-if-a-will-is-not-filed-within-10-days-in-florida-2/?utm_source=openai))\n\n---\n\n## What \u201cJust or Reasonable Cause\u201d Means\n\n- \u201cJust or reasonable cause\u201d is not strictly defined in the law, so it depends heavily on the specific facts. It could include things like serious illness, lack of knowledge of the statutes, an inability to locate the original will immediately, etc.\n\n- If you can demonstrate that circumstances beyond your control made compliance within 10 days difficult, the court may excuse the delay. But if not, you may face liability.\n\n---\n\n## What You Should Do\n\nGiven that the 10 days have already passed, here\u2019s what tends to be advisable:\n\n- **File the will immediately**, if you haven\u2019t yet. Acting promptly after realizing the deadline passed helps show you\u2019re acting in good faith.\n\n- **Document reasons** for delay: If there were extenuating circumstances (you were traveling, hospitalized, dealing with funeral, etc.), make notes, get evidence. It might matter if someone later contested it.\n\n- **Reach out to interested parties or beneficiaries**\u2014transparency can reduce contention.\n\n- **Consult a probate attorney** in your county. They can help you prepare any statements or responses if someone seeks to compel filing or claim damages.\n\n---\n\nIf you like, I can try to find any case law from your county in Florida where someone missed the deadline and whether the court found \u201cjust cause\u201d or imposed costs, to see how likely you are to be liable in a case very similar to yours. Do you want me to do that?"
    }
]