Legal Question in Wills and Trusts in Florida

Distribution of Trust assests and property
My wife's mother died in FL leaving my wife as executor of the Trust. There are 4 children, 3 are in Fl, my wife is in TN. There will be approximatly $10K plus a duplex near the Gulf coast as assets after the bills are paid.
The 3 in FL all owe the trust different amounts that they borrowed from their mother over the last 3 years telling her they were borrowing from their inheritance. Two children live in the duplex and have paid no rent for 3 years (since their mother got sick).
1. Can the trust force the two to pay rent to cover taxes and insurance plus a small amount for improvement to get it ready to sell?
2. These two spoiled adults, 60 and 58 years old, have trashed it, reducing the value of the property, one has 7 cats and the place stinks. Can the trust enforce policy as a landlord?
3. Can the trust, with reasonable notice, sell the duplex whether the occupants like it or not?
4. Can the trust charge the two back-rent for the taxes and insurance for the last year their mother was alive and had alzheimers?
5. The last will of the mother was a pour-over will putting everything in the trust.
6. Can the trust charge them rent aginst their inhertance if they refuse to pay enough to cover #1?

Asked on 1/22/06, 12:47 pm

2 Answers from Attorneys

Autry Jones Jones & Landers, Attorneys At Law

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Re: Distribution of Trust assests and property

If I understand you correctly, your wife has been appointed executor/or trustee of a trust executed in Florida, with the assets of the trusts including real porperty in Florida. Although your wife is a Tennessee resident, the administration of the Trust are subject to the laws of Florida. Your wife need's the assistance of an attorney in Florida. I'd contact an attorney at handles these matters there.

Answered on 1/22/06, 6:57 pm

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