Legal Question in Wills and Trusts in Florida
inheritance through a trust.
I have inherited a few hundred thousand dollars through a trust. I am
one of 5 heirs . I am the trustee of the trust as well.
I sent out the required notice to the heirs
telling them I am going to be distributing
their inheritance to them as required by law. Nobody
contested the trust ''except for one person ''. the
90 days the heirs had to protest is now up.
The protestor says he was promised 10 percent more
then he got.
Can I just pay him the 10 percent more he claims
he is owed out of my 30 percent and end his protest?
Since nobody else contested but him do
I need the permission of the other heirs ???
Must he take the money and end his contesting
of the trust or does he still have the right to litigate
and overturn the trust though he will then be
fully paid what he asked for.
Can you write up such an ageement for me ??
3 Answers from Attorneys
Re: inheritance through a trust.
You could be subject to legal problems unless all other beneficiaries agree to change amount of the distribution of the trust proceeds.I would suggest you e-mail me your phone # to discuss further.I can draft an agreement to settle this problem
if the other beneficiaries agree and if they will not I can give you other ways to resolve this problem.
Re: inheritance through a trust.
unless you obtain the proper waivers, he can contest.
Re: inheritance through a trust.
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
This is a novel approach to the problem and probably not a very good one. If you did this, he could still contest the trust unless proper waivers have been signed by all. Further, what is to stop the other heirs from doing the same thing and then contesting in order to get a similar increase?
I would presume that you are represented by an attorney. If so, you should review all options with your attorney. If not, this is the time to retain an experienced lawyer who can guide you through this process and helping to resolve the problem.
Scott R. Jay, Esq.
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