Legal Question in Wills and Trusts in Florida
Need to Contest?
How do we determine if we have been reimbursed (in the Will or Trust)for our investment (home) on his property for which we have no prior written agreement and if not, what is the limit to contest - given it may be in a Trust? (Been told we are not allowed to see a Living Trust filed with the Clerk of the Court?)
1 Answer from Attorneys
Re: Need to Contest?
The factual basis for your questions is not clear. Were you expecting to be reimbursed for your investment through a will or trust? If the estate has been probated, you can review the will and determine if you are a beneficiary. And if you are a beneficiary, you should receive notices and copies of documents as an interested party. Regarding an investment such as you describe, the obligation to repay should be in writing. If a living trust has been recorded, you have a right to see it. Go to the Clerk's office in your county to review the trust if it has been recorded. There is no legal requirement to record living trusts. To resolve your legal issues, you are advised to consult with a local attorney who can analyze the legal concerns and provide legal options.