Legal Question in Wills and Trusts in Florida
Legal Jurisdiction for Disputed Fiduciary Fees Paid
Currently, I am a personal administrator/successor co-trustee for my mom's estate and trust. There is a second co-trustee. The estate and trust were registered with the probate court in Sarasota, Florida, place of death. The two co-trustees live in Illinois. The trust has been independently administered and there is no real estate involved in either state.
One co-trustee is threatening legal action related to estate/trust administration and maintenance expenses and fiduciary fees taken by myself as administrator and co-trustee.
If legal action does occur, is the legal jurisdiction Florida where the estate/trust was registered, or is it Illinois where the two co-trustees live?
The answer of course dictates where the legal counsel must be licensed, if necessary.
3 Answers from Attorneys
Re: Legal Jurisdiction for Disputed Fiduciary Fees Paid
Any dispute involving the estate, including administration fees and expenses, belongs in the Florida probate court. The proper jurisdiction and venue for the trust may be Illinois, depending on the location of the property, trustees, current beneficiaries, etc., but suit can also be brought in Florida because that is the residence of the grantor. Because the issue may involve both, using Florida for disputes concerning both entities is probably cost efficient.
Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.
We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.
As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.
Re: Legal Jurisdiction for Disputed Fiduciary Fees Paid
It's Florida.
Re: Legal Jurisdiction for Disputed Fiduciary Fees Paid
Its Florida and more specifically, Sarasota. Feel free to give me a call in Sarasota at 941-954-4691.
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