Legal Question in Wills and Trusts in Florida

Asset settlement held in Trust

My uncle(grantor and trustee) died, leaving all his assets in a revocable living trust. His son is successor trustee,

with a 75% beneficial interest to all assets. I have a 25% beneficial interest as stated in the trust documents.

My copy of the trust documents do not have any assets or property named, described or contained in the trust. I therefore do not know what my 25% entitles me to.

1. Do assets need to be scheduled or described within the trust for distribution after death of grantor?

2. If there is no asset schedule, how do I legally determine what assets were contained in the trust?

3. Can I challenge or dispute a trust settlement, or the lack thereof?

4. If my uncle had stock/bond brokerage accounts registered in his trust name but not discribed/scheduled

in the trust, what can I do to prove their existance?

thanks,

jr.


Asked on 4/05/04, 10:58 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: Asset settlement held in Trust

Ask the trustee for an inventory. If he does not agree to it, petition the court for one. As for a challenge, I'm not sure what you would be challenging. If you do not receive what the trust says you should get, you can ask the court to issue an order forcing the trustee to make the appropriate distributions. In certain cases, you can even petition to have the trustee removed. Try talking with your cousin first. Maybe he just doesn't quite know how to manage his new responsibilities yet. Good luck.

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Answered on 4/06/04, 11:25 am


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