Legal Question in Wills and Trusts in Florida
I am a beneficiary of a revocable trust. The trustee was only entitled to the interest. First the attorney tried to convince us to sign away our rights to our inheritance claiming Medicaid was coming after the money (I have this in writing). He knew that she had already been denied Medicaid due to the assets in the trust. He wanted to hide the assets from Medicaid. When trying to scare us into signing away our right didn't work, he had the trustee sign a form liquidating the assets and then he moved them to another trust in her name. This happened on January 2017 in Florida. I have been fighting them to get the funds back. The attorney the son hired is orchestrating this. Unfortunately, he's skilled at complicating things. She did not give us formal notice as required and we have never received an accounting as required.
My question is this. If she moved the funds out of the irrevocable trust in January 2017, legally, when does she/her attorney owe me a formal accounting and what specifically should I ask for? I need direct, specific language because he is slippery. She died in January of 2018. I have requested an accounting and the attorney, as he has done all along, used dodge and delay. He said he would provide one when they finalize the accounting, I will receive a copy. I asked when that would be and he has not responded. That was 3 weeks ago.
2 Answers from Attorneys
You need an attorney to assist you. you cannot do this alone. Your expectations are unrealistic as stated. The trust agreement controls the movement of the assets. You really need to request in writing a copy of the trust agreement as well as any accounting.
I agree with the answer that was just given but I would suggest giving the complexity of this type of situation you're going to have to retain a law firm or a lawyer to review this and give you a real analysis which is what it's going to take to resolve your on your questions in the past and the future coming up.
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