Legal Question in Wills and Trusts in Florida

breach of fiduciary trust

My mother has been dead for three years and still my brother, the trustee, has not made distribution to me as the residual beneficiary. Everyone says it is too expensive to litigate and to make a deal and go on. However, he continues to stall and abuse the funds. He has deeded the house and land to himself that was purchsed with trust money(with permission of the testator.) Is there no way to make him liable for his breach of trust? It just seems he has flaunted the law and gotten away with it and the judge just goes along with anything he asks.(The residual is about $155,000.)


Asked on 6/07/07, 1:32 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: breach of fiduciary trust

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is probably cheaper to litigate then to forget your inheritance. I would consult an attorney immediately to file the necessary action against your brother and/or a contest of the estate.

Scott R. Jay, Esq.

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Answered on 6/07/07, 2:15 pm
Robert Roemer Robert Roemer

Re: breach of fiduciary trust

At this point I don't believe you have any real choice but to contest his actions and demand an accounting. This will give you the positive result of forcing your brother as trustee to reveal what the funds have been expended for and why there would not be any partial distribution to you. I would need to speak with you about this in greater detail formulate a game plan. If you would like to discuss this further please e-mail me a phone number at which I can reach you. Your gut instinct is probably right three years and no explanation creates a well-founded suspicion on your part.

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Answered on 6/07/07, 4:10 pm


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