Legal Question in Wills and Trusts in Florida
We (Mom, brother and I) established a Trust without an attorney on 5/20/2010 appointing me as Successor trustee to manage one half of all Mom's estate (2 properties valued at $125,000, one Trust bank deposit of $205,000, one car $15,000, and $50,000 cash) to be placed in the FAMILY TRUST. Brother as primary Trustee has not funded the trust nor named beneficiaries since its origin with recent requested annual accounting put off and no records supplied at all ever for safekeeping. Mom died 5/7/2011.
Brother now demands from estate he is settling out of Probate $36,000 as caretaker in hospice at home past year and $24,000 repayment of a arbitrary loan to Mom years ago. He already placed each property in his name and all bank accounts noting right of survivorship he obtained on 5/20/10 without my awareness from power of attorney. I filed the Trust Agreement recently that he says is just a piece of paper though he refuses to resign as trustee.
What course of action should I take to protect the family trust that was designed to protect my half from creditors and provide for Mom's grandchildren?
2 Answers from Attorneys
Without being negative, you really need to hire an attorney. You cannot self-help yourself in such matters, as it appears from what has already happened.
Since the trust was never funded, it has no meaning. Retain counsel to protect your interests in probate.
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