Legal Question in Wills and Trusts in Florida
I am the 96% benificiary of my mom's trust. The trust is the benificiary of the estate. The estate has been discharged through probate court. The person who is the personal representative/attorney for the estate and the trustee/attorney for the trust (bad idea I now know) has stolen all of the money except for legitimate expenses. He filed chapter 7 bankruptcy and chapter 13 bankruptcy without ever notifying me. Do I have any recourse to try to get the $180K he stole back?
1 Answer from Attorneys
Yes there may be. But it may also be complicated.
First, the PR is subject to court review, and if you can prove that money was stolen then not only would the Probate Judge want to take action, the Police may also.
Next, an attorney is subject to the Florida Bar and an ethics violation could be filed against them. Plus you may be able to sue the attorney (though both of these matters are beyond a probate attorneys subject matter).
If there is fraud, then bankruptcy will not protect you.
My recommendation is to meet with an attorney in these areas to talk about it further.
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