Legal Question in Wills and Trusts in Florida

Hi. I assume you mean your brother was acting as Trustee of your mother's trust. Generally, people have the right to draft their estate planning documents in any way and with any terms they choose. There is no requirement for a parent to leave equal shares to her kids, or to even leave any share to a child, if that is what she chooses to do. That said, however, trusts and wills can be held to be invalid if there was undue influence exerted by someone who stood to gain from the influence. Your brother clearly seems to have been in a position where he could have asserted undue influence over your mother.

You could bring an action against your brother, but it must be said that these actions can be very expensive and ultimately hard to prove. Unfortunately, your key witness - your mother - is no longer here to testify as to her true intentions. You should have an attorney review your specific situation and make a determination as to whether it would be worthwhile to bring an action.

If your mother lived in Chicago and the trust was made pursuant to Illinois law, I would suggest you speak with an attorney licensed in that state. Your mother had the right to make changes to her trust or will, as noted above, assuming she was competent and not under any undue influence. Regards,