Legal Question in Wills and Trusts in Florida

A revocable living trust was set up by our father, and had four inheritors to be split evenly and is that trust protected from the creditors? There was also another Will set up by our father besides the revocable living trust along with cash to pay the 2 or 3 creditors. But the PR decides to transfer money from our trust and not pay herself as a creditor and spend all the money on so so what ever she wants to spend it on, saying we now still owe her and has sold shares but has not gave us our money in the trust set up for us, which was separate. She can not close the estate because her books are not right? How do we get the money out of trust that she has transferred and spent and owes us? PS. We have council and are still in probate. Thanks a Million! CC


Asked on 7/10/12, 2:05 pm

3 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

If you have an attorney, then as your attorney the answers to these questions. It is impossible to answer anything without seeing documents. Assuming your attorney has the documents he ought to be able to answer these issues. There are many issues contained in this fact pattern so it is really hard to answer anything. The trust guidelines are in it. The oppportunity to use funds and for what purpose is in that document. The PR has a priority claim as a creditor in the Estate for her services in that capacity. You say she spends the trust money on so so what ever she wants? not sure what that means, and the issue is does she have that authority. The funds from the trust are likely protected from creditors claims against the Estate. As to whether she close the Estate because her books are not right, this does not mean much without details. Have your attorney review all your concerns. The Estate can only be closed with Court Approval.

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Answered on 7/10/12, 2:41 pm
David Slater David P. Slater, Esq.

Ask your lawyer. It is obvious you have no inkling as to what is going on.

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Answered on 7/10/12, 3:13 pm
Lucreita Becude Lucreita D. Becude, P.A.

I suggest you ask your attorney. If the attorney is not handling the matter correctly for you or if you feel the attorney is not, then I suggest you hire another attorney.

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Answered on 7/11/12, 4:41 am


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