Legal Question in Wills and Trusts in Florida
time limit for trustee to take control and file with court
my older brother was named in my father's will to be the trustee. he is unwilling to file the paperwork with the courts to formally become the trustee and says he wants to give up his right to be trustee to me (i am in the will as the next in line to be trustee). he is refusing to send me a letter stating he has resigned as trustee, as stated he must do in the will if he wants to resign. is there a time limit for him to either file paperwork with the court or sending me the letter?
2 Answers from Attorneys
Re: time limit for trustee to take control and file with court
It would be important to see the documents which are involved.If you brother is unwilling to act as you have said then you could have the local court appoint you just as if he had died or left the country.I would suggest you call me monday 9-5 at my office or send a e-mail as to how to reach you.
Re: time limit for trustee to take control and file with court
No, but as a beneficiary you have certain rights to protect. You may seek court intervention.
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