Legal Question in Wills and Trusts in Florida

Re: revoccable living trust

There may be a will in addition to the trust. A trust is not generally made public as a will would be when filed with the probate court. If you are a beneficiary of the trust, it is the duty of the trustee(s) to notify you and give you what the trust entitles you to. Unless contingent bequests or other "future interest" gifts were made, your father's estate is now your stepmother's to dispose of as she wants. You may file an action as an "interested person" (potential heir if the trust is invalidated or voided) if you have evidence of such things as fraud for instance. If you do not want to retain an attorney to represent you, you should contact the county court where your father was domiciled.

Re: revoccable living trust

You can potentially challange the trust on the basis of undue influence or lack of capacity to make out the trust but this is a very major uphill battle. The property passes automatically upon the death of your father to the wife, unless you were named as a beneficiary. There is not property to pass by way of the will if the trust owns the property. You should check the real property records to see if the property is actually owned by the trust. If not, it does not pass by way of the trust. However, normally, when a trust is made out, a will also is made out that matches the trust so that any property that is left out of the trust will pass to the wife through the will. If you want to discuss it further, give me a call at 248-353-9400.