Legal Question in Wills and Trusts in Florida
My 4 siblings and I co-owned a condo in Fort Lauderdale that was willed to us in equal shares on my father's death. The title is in a 'trust' and with 2 siblings named as trustees on the title. We also have a trust agreement that delineates that on the sale of a share, 5 will become 4 or 4 will become 3, etc. for use of the condo in a yearly rotation of use. One sister sold her 'share' of the condo to my brother (a trustee) but did this without the other members or the other trustee (named in the quit claim for the sale) having any knowledge of the sale. My brother claims he now owns 2/5 of the condo. Is this legal?
2 Answers from Attorneys
Without reading the trust agreement, no one can know.
Mr. Slater is correct, the trust agreement controls. Have an attorney review the document to make sure that the disposition of the share was appropriate. What I really dont understand is the 5 becomes 4 stuff. Does the trust limit sales to all the other beneficiaries only? Someone really needs to review the agreement.
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