Legal Question in Wills and Trusts in Florida

Distribution and timing of estate property must follow the provisions of the trust. Any beneficiary is entitled to a copy of the trust and may demand a copy of the trust by filing a petition in a local probate court, if necessary.

He must administer the trust per its provisions and Florida Court Statutes. You may need counsel to contact him.

I was a beneficiary of my father's trust which was to end on my 25th birthday. My brother was trustee. He refused to terminate the trust when I turned 25 or give copies of the trust. As an attorney, I finally filed suit and had the court terminate the trust. My brother & I no longer keep in touch w/ each other.

The steps involved take at least 1- 1 1/2 hours to detail to the trustee, and perhaps to you as the beneficiary who is entitled to your own legal counsel separate from the Trustee and the Personal Representative. That would be the start only! If decedent were a Florida resident, the first order of business would be to File the original will in the County of the decedent's domicile with the Probate Clerk. I have various checklists at my office on what the beneficiary is entitled to from a Florida Trust, where Administration should take place, and how the Trustee must proceed. I you wish to receive the same, perhaps you or the Trustee could call my office and I could help some, but it will certainly depend on what the Trust and the perhaps the Will says. Also it is best to keep in mind that there may be 2 separate proceedings just for the mother's estate, one for the Trust Administration and the other for the Probate of the Will if appropriate. In the event that brother John has maliciously failed to perform his duties then there is a way in Florida you could prevent him from using the trust's monies to defend himself until he is absolved of his fiduciary breaches - that might give him substantial pause to do things by the "book".

Hope this helps - phone is 239 542 1355.