Legal Question in Wills and Trusts in Florida
grandfather's control over trust fund
Okay, a divorced father passes away, leaving two children. He had set up a trust fund for his children, summing up to a substantial amount of money. During his illness, he acquired a chang of trustee form, to instead of bestowing the sum on the children, giving it to the mother to use as a form of child support. This did not occur. The grandfather, deeming the mother not able to control the money(which she more than is), decided to change some things with the form and made himself the trustee. Also, there was no will written, or anything stated about his property or belongings, which, hopefully, are still intact. Lawyers have been notified(and payed plenty of fees), but nothing has been done. This has been going on for almost 7 months. Now for the questions: a) Is this an 'open and shut' case? b) Without a will, does all property go through lineage to the children? c) does the grandfather have any right to any of this? d) can anything be done about the lawyer of the children, or fees reimbursed? Thank you very much for considering these.
1 Answer from Attorneys
Re: grandfather's control over trust fund
Unless the grandfather is named trustee he should have no say over the trust. If the father died survived only by 2 children and no will they take it all. If they are less than 18 a guardian should be appointed. I cannot comment on what the lawyers are doing without knowing more of the facts. A review of the court file may be necessary. Good luck.
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