Legal Question in Wills and Trusts in Florida

Re: Irrevocable trust

Legal advice must be based on facts; here the facts are not clear. Did your uncle create the trust or was it to be created as part of his will after the death of your aunt? Did he leave his property to his wife, then at her death, it was to be placed in a trust of which you were a beneficiary? If the trust was never created, and your aunt's will distributed the property to persons other than yourself, there is not much you can do to alter it. It is not clear how your aunt made a new will for your uncle which affected the trust. The lawyer would be liable only if he had conspired with your aunt to wrongfully void the trust or fail to follow the intended distribution based on your uncle's will. If the estate was probated, you can examine the records to determine whether the trust was created, the distribution of the property, what final will was filed, etc. As you described the situation, it appears the trust was never created. If you believe there was failure to distribute the property as your uncle intended, the only way to resolve the matter is to gather the relevant documents from the court file and family records, and consult with an experienced attorney who can advise you re legal options.