Legal Question in Wills and Trusts in Florida
My father remarried, may have had a prenuptial agreement (one was at least drawn up) and clearly and frequently stated that he and his new wife were in agreement that they wanted to keep their assets separate for their respective kids - two daughters on our side.
He got Alzheimer's disease a few years after the marriage. He is now in a care facility, and the new wife was forced to share some financial information. I (the oldest daughter) was given power of attorney and named a trustee of a trust along with the new wife. From what I can see, the new wife started moving his assets over to herself as his disease worsened. She either got him to sign or simply moved them. There is no statement of assets for the trust (or she is not sharing it with us), and everything is being put into her name, or her kids are being put as beneficiaries on his annuities, or she is mixing a little of her money with a lot of his in bank accounts to commingle and confuse the source.
From what I read, there are actions for undue influence and tortious interference with an expected inheritance if he dies, but I am wondering about actions that should be taken now - or if there are statutes of limitation I should worry about. At what point should an attorney be brought in?
1 Answer from Attorneys
What are you waiting for - all the assets to be gone. Get an attorney now. You have power of attorney and named as Trustee of what Trust - is this a living trust? What did he put in it?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
