Legal Question in Wills and Trusts in Florida

As far as I know, my divorced father had set up a trust and pour-over will for the children. There were also assets from his father with the specific provision that they be held for the grandchildren. There was apparently an attempt at a prenuptial agreement with the new wife - the planned wedding did not take place. Two years later a wedding took place.
A few years later: My father started showing signs of Alzheimer's / dementia.
A few years after that: It is bad enough (he doesn't recognize close family members) that a decision has to be made about "memory care" in a home. The wife is absolutely passive and doesn't want to concern herself with this.
His children had to start looking into the finances because the wife won't do anything. They found out the oldest daughter had power of attorney - along with the wife - and they were also named as successor trustees in the trust. The new wife is really blocking with details, but she also won't help with finding a "memory care" home.
Now evidence has come to light that she is moving his assets over to joint name, taking substantial amounts of money out of his sole bank account and putting her children on annuities as beneficiaries etc. Basically everything she can to move his assets to her - contrary to his wishes before he became mentally incompetent.
Any suggestions?

Asked on 1/21/12, 4:04 pm

Sanford M. Martin Sanford M. Martin, P.A.

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If your father no longer has soundness of mind and lacks mental capacity, the

management of his property depends on the provisions of the trust and the DPOA.

As successor trustees, his wife and daughter may have broad authority to

administer the trust for the benefit of designated beneficiaries. Whether they

are properly administering the trust would depend on a review of the trust as

well as a review of decisions made for non-trust property. As a beneficiary and

interested person, you and others are likely entitled to an accounting, but

a detailed review of the documents and transactions by an attorney is advised.

It does not appear that a pre-nuptial agreement is relevant.

Answered on 1/21/12, 4:32 pm

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