Legal Question in Wills and Trusts in Florida

My Father passed 2/3/17. He has a living or revocable trust and a last will and testament too, not funded. I am to receive 50% of the estate that is left after my Brother (trustee and executor) was given the other 50% plus all business properties, business stocks, possibly the business (depends if my Dad truly sold my Brother the business in 2013 like he said) I found a business license online with both of their names, so I'm not sure of the truth. My Brother isn't communication or being forthcoming.

I have questions below:

1. can i get business records, transaction & contract from 2013 when Father sold business to Brother and not at fair market value? Might owe Father money into trust. This affects my inheritance. Can I find out if my Dad was still part owner and if they shared a join account? Do I have rights to the business if it wasn't sold at fair market value and affects my inheritance? My Dad sold it to him when he thought he was dying of cancer then.

2. can I ask for tax returns from Father for past 2-3 years?

3. Father's saving is very small, about $14k. where did the money go? Can I get details of the accounts to see transactions?

4. Brother (trustee & executor) has a conflict of interest. Was given all business stocks, but Father said that he gets them if it was still his business, but he sold it to Brother. Also, he was given a lot more in inheritance.

5. He nor his attorney are sharing more with me than he only has a savings account worth about $14k they think. I was told by my Father's wife that there were 2 Prudential accounts too. I did a search online for unclaimed money and found them too. They aren't sharing all the accounting. What rights do I have? This is after I sent a certified letter requesting it. I have asked my Brother multiple times for information about the estate and he keeps telling me that he doesn't think that we are getting anything. My Dad was wealthy and I know of a few properties and a business that he sold.

6. The wife said that the cars and house are in her name. How do I see proof? Also, all of the other things my Father owned, like a horse, a golf cart, etc. She isn't talking either. She was 18 years younger and married him 5 years ago.

7. I feel either the money was transferred by the wife or Brother before my Father died. Want to find out what happened to all of his money. He was living well and I know there is a lot missing. I can't sit back and trust them.

8. His attorney mailed me a response at my request, saying that they can't provide accounting information at this time bc they only have one account solely in my father's name with about $14k.

9. During the administration of the estate, will they find all of the assets and see recent account transactions?


Asked on 4/22/17, 11:21 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

it is impossible to answer questions of this complexity in this forum. you need to take all your paperwork to an attorney and have it reviewed. even than all your questions may not be able to be answered without obtaining more documents.

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Answered on 4/23/17, 8:38 am
Lucreita Becude Lucreita D. Becude, P.A.

Mr. Stein is correct in his response to you. This is not the correct forum. There is a listing with lawguru wherein you can pay for an attorney to get advice. I suggest you either choose that area or look for a probate litigation attorney.

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Answered on 4/24/17, 8:50 am


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