Legal Question in Wills and Trusts in Florida
My parents are both deceased. I am named Successor to my parents Trust. Everything my parents had is in the Trust Name. The attorney who set this up has used up our $2,500 retainer and says he will start billing us monthly and not much has been done. He has filed documents with Probate which the Trust (I thought) was supposed to avoid this. Now he claims he's doing Initial Trust Administration. What is there to do??? If I'm Successor, doesn't that give me all the authority to handle all of their affairs? I'm afraid I am being taken advantage of but now in the middle of it.
4 Answers from Attorneys
I can't really answer what is going on without reviewing all of the papers and seeing what has transpired. If you are interested, I have a free consultation, but I won't be back until after Oct. 17.
If you wish my help, please call my office at 888-475-1732 to set up an appointment.
In agreement with the previous answer, I suggest that you read any legal services contract or other agreement relating to the administration of the trust and the services of any other person, including the referenced attorney, as well as the trust document. If you are Successor, you should have specific trust provisions which define the scope of your authority and responsibility; however, consultation with an experienced attorney is beneficial.
My colleagues are correct. YOu should seek the advice of another attorney. Second opinions are just as crucial in legal matters as in medical.
There are a few mandatory documents that should be filed in all trust administrations in Florida. However, it can be just as complicated if no more so than a full scale probate proceeding. IN the event that you have a contractual agreement with the lawyer to handle the Administration then a diligent lawyer may vey well proceed though 35-100 different steps that may be necessary to complete the administration, including, Taxation, foreign state compliance and ancillary proceedings, notifications to interested parties with copies upon demand, re deeding the realty, leasehold interests, mortgages payable, seeking needed court rulings, etc. The minimum you should request of your counsel is for them to give you a good checklist to follow should you perform the same yourself.
You may wish to seek a second opinion from another local attorney to which my colleagues allude to above.