Legal Question in Wills and Trusts in Florida

My mother recently became a widow after my stepfather passed away on April 28, 2011. My stepbrother is the personal respresentive with a lawyer by law for my stepfathers trust. My mother and I have initiated all communications with the lawyer by signed receipt mail. We have made reasonable requests 3 times for a copy of the notice of trust administration (date trigger for 6 months for elective share option), the value of the trust, and a copy of the governing trust instrument. We received the estimated value of the trust in their first response and they did pay the funeral expenses with prompting in their response to the second letter. No response to our third letter making the same request. Will my 80 year old mother have to file a petition for notice administration, petititon for family allowance, and if we get the notice of administration, file a petition if she desires the elective share. Wouldn't the lawyer for my stepfather provide the notice/governing trust instrument and file the petitions for the family allowance and potentially the elective share? We are 4 months in the process shortly.


Asked on 8/23/11, 3:27 pm

1 Answer from Attorneys
Richard Kaplan

There are a lot issues here, and some question as to whether the Trustee is complying with the trust and Florida law (I assume this is a Florida Trust/Estate otherwise my response is invalid).

My recommendation is for you to meet with an attorney to thoroughly review the situation and take the appropriate action. Some of what you write isn't correct and may lead you the wrong way.

Read more
Answered on 8/23/11, 5:57 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida