Legal Question in Wills and Trusts in Florida
My grandfather�s 1951 Will/ Trust and Federal/State litigation question
In 1967 my grandfather died- but before he died he wrote a Will/trust in 1951 in Providence RI in which I would have had a 1/5 interest, had I been notified of the probate proceedings. The probate proceedings and other proceedings were between 1967 and 1976.
Because the law is so complex and involves a 14 page, typewritten Will with complex language in it I feel that the lawyers involved made the error.
I so far have only sued the bank in Federal court and the appeals court may of ruled in my favor and the defendants - though they affirmed the lower court opinion- the 5 page opinion has much language that is favorable to me �such as language such as Party, B,C, D, E and F are the ones that wronged me- and not the bank.
My question is.. Can I sue other parties such as the estate or other parties such as Party, B, C, or D etc. in Florida State or probate court -- because I had only sued the bank and not the parties?
I sued in Federal court because I live in another state.
The court said, ''We need not decide whether we are barred from reviewing the Stipulation agreement by the Rooker-Feldman doctrine or the statute of limitations.''
2 Answers from Attorneys
Re: My grandfather�s 1951 Will/ Trust and Federal/State litigation question
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If the trust was funded, you are entitled to 1/5.
Re: My grandfather�s 1951 Will/ Trust and Federal/State litigation question
Too many facts are missing, but I will try to provide some general information to help you. Was the trust revocable or irrevocable? Was it funded? Who were the trustees and what did the language of the trust provide? First, if the trust was still in existence and had assets, the trust assets go pursuant to the language of the trust. A Will means nothing as the language of the trust controls what happens with its assets. Have the trustees ever provided an accounting of their administration? Any claim you have is not against the Executor of the estate (what is covered by the Will) but the trustees of the trust, as these documents are mutually exclusive. If the trustees acted improperly, a suit against them for recovery is the appropriate proceeding. I would need to see the language of the trust document to provide more information, as many things could have been done, properly or improperly, and the language would give me a better idea of what might have happened. If possible, can you FAX me a copy of the trust?
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