Legal Question in Wills and Trusts in Florida
My aunt has been taking care of an eldery neighbor who now is dying, but she can't locate her will, my aunt has been left a trust thru a bank by this lady but they say that is all they have, she does not have power of attorney and cant find anyone who does. She has found a paper stating that a man whom this lady used to invest with is the trustee, but he said that was 10 years ago and it is no longer him. Meanwhile she is taking care of everything and paying her bills and signing her name which she is uncomfortable with. How can my aunt inform the executor when she dies? Is there a way to find her will?? This lady also has dementia so she does not know what my aunt is asking.
3 Answers from Attorneys
Your aunt is breaking the law. She should contact an attorney today. A guardian must be appointed.
Does the lady have a safety deposit box - the fee would be listed on her bank statements - perhaps her will is there. The former trustee surely knows who the account was forwarded to. Your aunt should apply to the court to be guardian of this lady until she can find something that will point her in the right direction. Does the lady have any kin folk, if so, where are they. Also, if your aunt has been left a trust then there may be no will. The trustee will distribute her estate according to the trust. Are you sure your aunt is the beneficiary of this trust. A lot of questions are looming and too few answers. Invest in an attorney before you are sued by some family member for undue influence of an elderly person suffering from dementia.
I would suggest your aunt retain an attorney to evaluate this situation. The problem is that she doesn't know what legally she needs to do in this situation.I would suggest you retaina attorney now or you can e-mail or call me regarding this case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
