Legal Question in Wills and Trusts in Florida

80 year old Can't Get her Big Inheritance Without Indemnifying the Trustee - Sho

My 80 year old aunt was left a good deal of money from a friend's trust (the friend lived in Florida, and died March 2001). She's supposed to get money both from a specific bequest, as well as from one half of the residuary trust. The trustee said he is willing to release the gift part now but only if he is indemnified. My aunt is nervous about signing the indemnification agreement - should she be? Would she give up any of her rights to the remaining half due her by signing an indemnification for the specific bequest?

She wants to enjoy the money as soon as possible, but is told the only way she can get part of the money now is to sign. Is it standard practice to require such an indemnification?


Asked on 6/19/01, 2:12 pm

2 Answers from Attorneys
Garry Hanlon

Re: 80 year old Can't Get her Big Inheritance Without Indemnifying the Trustee -

General Releases from liability are common

Indemnifications are not.

It may well be a question of semantics

The document she is being asked to sign

should be reviewed by counsel to determine

the extent of what she is relinquishing

so she can make an informed decision

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Answered on 6/29/01, 9:27 pm
Norman Nadel Norman Nadel, Esq.

Re: 80 year old Can't Get her Big Inheritance Without Indemnifying the Trustee -

The trustee is correct in demanding an indemnity. It requires your aunt to pay back any amount which should not have been paid to her in the first place. Not an unfair arrangement.

Under no circumstances should she give up any rights to the 1/2 of the remainder.

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Answered on 7/02/01, 9:24 am


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