Legal Question in Wills and Trusts in Florida

Executor trying to include beneficiaries not in the Will

My sister (extecutor) of my father's estate is trying to distribute money to my deceased brothers children. The will submitted to probate specifically states living children. She is trying to distibute money left in his Living Trust, which also states children outside of probate court. The money in the Living Trust was not disclosed to probate court. Can she do this? What happens to the probate file, since the bulk of the estate was the money in the Living Trust? What can I do if she distributes the money that a judge never knows about?

Thanks in advance for any advice


Asked on 5/06/04, 10:33 pm

1 Answer from Attorneys
Douglas R. Coenson, Esq.

Re: Executor trying to include beneficiaries not in the Will

Living Trusts are not subject to probate. However, the funds should be distributed as directed in the trust (not the will). If the trustee is failing to comply with his/her fiduciary duties, you can file a legal action with the court to attempt removal of the trustee.

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Answered on 5/07/04, 8:24 am


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