Legal Question in Wills and Trusts in Florida
purged documents
In 1997 my husband and I had our long time attorney
draft new wills, update my husband's trust and create a trust for me. In 2000 we divorced after 22 years of marriage.The attorney continues to represent my husband. When I asked for copies of my documents the attorney said that he purged them from his system. My husband says he destroyed the originals.The documents confirm the fact that my husband stil owes 2/3 of the funding of my trust.
What action can I take, if any?
1 Answer from Attorneys
Re: purged documents
If the attorney represented both of you prior to your divorce and then continued representation for just your husband WITHOUT YOUR EXPRESS PERMISSION, then there may be a conflict of interest, especially if your information was purged from his computer system. You may report the attorney's actions to the state Bar at 1-850-561-5839 (the organization which regulates attorneys). However, the attorney's copies of any trust document may not necessarily validate the trust, unless he has signed copies which can be entered into court in lieu of the destroyed originals. If your ex-husband destroyed the original trust document, you may have a cause of action against your ex-husband.
Usually, a copy of the trust document, or at least a letter acknowledging its existence, goes to any brokers or bankers to convert those accounts into the name of the trust. Check with the brokers and bankers from that time period (1997) to see if they received a copy of the trust.
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