Legal Question in Wills and Trusts in Florida
Successor Trustee claims money is his to keep
My mother is listed as a beneficiary of her aunt's revocable trust. The trust states that upon the aunt’s death, the husband receives the net income from the trust until his death and that upon his death; my mother is entitled to 1/3 of the trust assets (approx. $250,000). The aunt has passed away and the successor trustee is the husband. He has transferred all the trust assets to himself in his name only, has not filed probate claiming he does not have to file; and repeatedly told my mother she won’t get one red cent! Is there a legal case to be made against the husband?
3 Answers from Attorneys
Re: Successor Trustee claims money is his to keep
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If the trust was properly funded, the husband cannot legally do as he has done. Your mother should retain an attorney to file an appropriate action to protect her interests.
Scott R. Jay, Esq.
Re: Successor Trustee claims money is his to keep
An attorney would have to see the trust to advise you properly.
Re: Successor Trustee claims money is his to keep
She may, depending upon the wording of the trust.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
