Legal Question in Wills and Trusts in Florida

Successor Trustee and Qualified Beneficiary

My mother established a trust in 1995, naming my brother as successor trustee. My mother was diagnosed with Alzheimer's disease about 1 year ago and a year after this diagnosis, with my mother's condition worse, she's around stage 5, my brother brought her to the attorney and had her resign and he succeed as trustee without informing the attorney of her medical condition. After this trust change my brother informed me my mother had no more money and would no longer help me with my property taxes, she helps me with for years now. I began to question what was going on because my brother has also told me I cannot see her any more. My mother is staying at his house and not her apartment condominium that is worth over 1 million dollars. He also does not want to put her in an facility with other seniors where she can have activities and stimulation and his housekeeper watches her. His wife disclosed to me she sits in front of the TV all day, wears the same clothes and does not bathe. My brother's children are driving her recently leased car, using her cell phone so I can't reach her. I am a beneficiary under her trust. Do I have any rights? Can I get a copy of the trust


Asked on 6/24/08, 10:48 pm

2 Answers from Attorneys

Robert Roemer Robert Roemer

Re: Successor Trustee and Qualified Beneficiary

I would suggest you e-mail me your phone # to discuss further.You have many options to protect your mother but now that need to take action.

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Answered on 6/25/08, 10:34 am
David Slater David P. Slater, Esq.

Re: Successor Trustee and Qualified Beneficiary

If you prove to a court she would be beter off in a facility, you can petition the court.

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Answered on 6/25/08, 5:58 am


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