Legal Question in Real Estate Law in Florida

Responsibilities of Co-Trustees
My ex-lover, Tom, and I are co-trustess of a home in High Springs, Florida. It is in a trust I stupidly signed it without thinking about the terms. I lost my copy of the trust in a flood and there is no record of it because in Florida trusts do not have to be recorded. I cannot recall the attorney who drew up the trust either. I know that I agreed to take only 20% of the sale price should the home be sold. Tom gets 80
%. He paid $35000 down and I paid off the remaining $10,000 myself. I have restored the home twice after floods, paid all taxes and made all repairs. I have not heard from Tom in about 12 years. I cannot get in touch with him because I don't know where he is. I did find out from a mutual friend that he owns a large farm about 30 miles from Gainesville and I have written him two letters at the farm. He has not replied.

I have a buyer for the house and would like to sell, but I cannot. I have requested that he be willing to take only his $35000 back rather than adhere to the terms of the trust. He will not respond.
What recourse do I have? It seems to me that a co-trustee must have some responsibility. What can I do?

Thank you so much,

Asked on 2/09/03, 8:25 am

David Slater David P. Slater, Esq.

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Re: Responsibilities of Co-Trustees

Suggest you retain an attorney since court intervention is required. Good luck.

Answered on 2/09/03, 1:50 pm

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