Legal Question in Wills and Trusts in Florida

How do I sue a person who has just deceased?

My dad created over 6 irrevocabble trusts to protect his assets. He died. Long story short... Dad was 1st trustee of all. Dad named my brother as Settlor and 1st successor trustee (He just died). I am second successor trustee. With out me knowing about it Brother transferred all assets out to himself, which is a direct violation to the trust agreement (and did not pay for them neither). I just found out. We are currently sueing his estate and a trust he created for his family only because all the properties are in it (worth millions). He tendered my position through a forged resignation document as trustee before he did all this. HOW CAN WE AMMEND OUR COMPLAINT SO THAT WE ARE SUEING MY BROTHER FOR DOING WHAT HE DID? HOW CAN WE SUE HIM PERSONALLY ALTHOUGH HE IS DEAD. Do the Trust statutes allow me to sue my brother although he is dead? I want to eventually sieze the properties and have them put back in the trusts. We are having a hard time in our hearings because he is dead. PS: all but one of the trusts are considered active according to my brother's lawyer.


Asked on 7/04/07, 3:33 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: How do I sue a person who has just deceased?

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 nformation, 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.

This is far too complex to answer in a forum such as this. A case like this should be handled by a qualified attorney. If your attorney does not know how to accomplish what you seek, it may be time to find another attorney.

Scott R. Jay, Esq.

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Answered on 7/04/07, 9:39 pm


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