Legal Question in Wills and Trusts in Florida

I guess I'll start at begining, My Mother passed away in August 2006. She left house and the property it sits

On to me and my older brother 50/50. He cleaned out her bank account, took all her files, some which were

Mine, I am a 100% totally disabled veteran. I payed for all of mothers funeral expenses myself, payed all the

Probate costs to have house put in my and brothers name. I am single, live in house by myself, pay and have

Payed all property taxes on estate (Small house) and pay all homeowners insurance since Aug 2006. I have

Not seen or heard from my so called brother since Aug 2006. I want to leave house/property and all my

Personal belonings to a friend who lives next door to me and helps me alot. I do not want my brother to profit

Any more than he already has when I pass, I am 55 and hope I will be around for awhile more, But I guess

I want the peace of mind of knowing I have done this.

1.) She left 50% to me to go in specials needs trust fund, when she passed did that automattically happen.

As I said I have not seen or heard from brother since Mother passed. He has done nothing, transfered

nothing.

2.) Can I will my share to the one who helps me most. Do I need living trust too. Is this a tenants in common

as her will says nothing about joint tenants or right of survivership. My share was supposed to be in special

needs trust, can I tranfer my share with will and simple living trust, thank you.

3. Deed is in my brothers name and Trust for me 50/50.

4. Can I transfer my half of house/ property with living trust to the trust on deed (as nothing has been trans-

fered to it yet).

5. I can not afford a lawyer, can I use legal zoom.

I know this is alot, thanks in advance.


Asked on 2/20/10, 5:02 am

1 Answer from Attorneys
Lesly Longa Longa Law P.A.

You mention a will and a trust. The will needed to be administered or filed in probate. The trustee is responsible for distributing trust assets to beneficiaries. The trustee may have breached his duty to perform trust functions in this case. You need to speak to an attorney. Many attorneys will offer a free consultation and let you know how they can help and what their fees will be. Given your current situation, you may qualify for services from a local legal aid clinic as well. Legal zoom is not a good idea because it does not provide legal advice. You use those forms at your own risk because only a licensed attorney can answer your questions. In addition to contacting an attorney, you may also want to read the free consumer pamphlets on wills, trusts, and estates available from the Florida bar's website: http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/7adaf9c3481ead7685256b2f006c53fa?OpenDocument#Wills, Trusts and Estates

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Answered on 2/25/10, 6:05 am


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