Legal Question in Wills and Trusts in Florida
My son recieved a $10,000 settlement from an accident 8 years ago which he would recieve once he turned 18yo. His mother was named administrator of the trust, at the time she was primary guardian even though he was and has been living with me. My son just turned 18 and went to visit his mother and asked about the money, his mother told him she had spent it and offered to make payments to pay him back. My fear is my will never see this money, He was planining to use the money for college when he graduates in June. He wants to trust his mother and does not want to put any more strain on their relationship. However I feel we need to get some sort of contract in writing or sue her and get a judgement for her to pay it back. Since he is 18, does he have to initiate any legal action or is this sometiing I can do for him?
3 Answers from Attorneys
Get a judgment and a payment obligation in writing. She stole his money. The court will not be pleased.
Since he is 18, he needs to initiate the action.
As Trustee she had a fiduciary duty to protect his funds and only spend the money according to the terms outlined in the trust document. If she failed to meet her fiduciary duty he can file an action to seek reimbursement. Chapters 737 and 738 of Florida Statutes contains the rules governing trusts and trustee duties. I strongly recommend he immediately contact a trust litigation attorney in his area.
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