Legal Question in Wills and Trusts in Florida
Took From One Trust and Gave To Another
My mother died several years ago. She established a trust with my brother and I as beneficiaries. She remarried and made my step father the trustee of her trust upon her death and added his two children as equal benficiaries. My step father remarried and until his death removed most/all property and assets from my mothers estate to his trust. It was clear to all that my mother's intentions were to leave her money to the children. His wife has told several people that my step father was angry at us and felt that none of us deserved the money. This is not what my mother wanted or intended. Is there any way to return out inheritance to the four of us, the way my mother wanted it.
1 Answer from Attorneys
Re: Took From One Trust and Gave To Another
Hire and attorney. In general, the trustee does not own the trust property and therefore it is inappropriate for the trustee to transfer trust propererty for his own benefit. As a beneficiary you are entitled to make the trustee account for trust property and the trustee can be personally liable for misuse of trust property. However, your note suggests that these acts occurred over many years and this could be a problem.
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