Legal Question in Wills and Trusts in Florida
This Trust smells like a fraud, my mother had Dementia/Alzheimer's
September 13, 2003
My stepfather Died in March 2003 my mother in June 2003, they were married for about 40 years. I am her daughter from a previous marrige(my father died when I was three), my stepfather married my mother when I was 6 years old. My mother started with Alzheimer's in 1998,however she had memory problem way before, he(my stepfather) cut me off from contact with her at this time.
They had another child together my half brother. I was fortunate to see her in the hospital everyday and attend her funeral.
In reserching public records I found that she deeded a property in her name alone in 2001 but she was not of sound mind, plus are not all their assets marital assets. Also when she died after him what happened to their assets.
The properties they owned are/were 4, plus life insurances,Jewelry (my grandmother's(mother's side) and even some of mine) plus cash. I did not recive a dime neither did my two children.
Also 2 of the properties are left in trust to my half brother the other is still in both of their names.
What can I do at this point? I am disabled and live on a fixed income.
Sincerly,
Elsa--name removed--
2 Answers from Attorneys
Re: This Trust smells like a fraud, my mother had Dementia/Alzheimer's
This is a complicated matter and the facts & documents should be reviewed by an attorney to determine what claims, if any, you have. Good luck.
Re: This Trust smells like a fraud, my mother had Dementia/Alzheimer's
I am sorry for you loss.
Unless otherwise provided by will or trust, your mother should have inherited at least part of her spouse's estate. She was at least entitled to 30% under the elective share statute. Additionally, whatever property was owned with rights of survivorship would have gone into her estate as well. Then, at her death, her estate should go to her heirs including you unless she had a will providing otherwise.
As for her dementia, you may have a claim if someone forced her to sign documents etc... You really should discuss the details of the case with an attorney who can evaluate the evidence. Many attorneys offer a low cost or no cost initial consultation.
Best wishes.
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