Legal Question in Wills and Trusts in Florida
Trustee gone bad
I am a single mother of two young teens and just lost my mother in June.
There are 3 beneficiaries including myself, in which my monetary portion was left in a trust leaving my brother as trustee.I'm to get a montly income from this trust in which he is making deductions for anything he feels like. Since June my brother saw to the forclosure of my home for a difference of $2,000.00 to reinstate mortgage and what he was willing to pay. Now I was forced to rent and double my debt. Trust allows evading for home,education,health,self emply.and is specific. Needless to say it gets worse. I consulted with attorneys who in fact say I can have brother removed, but the problem is that I don't have funds hire an attorney until such time as his removal as trustee. Trust also states he can give me lump sum at any time he wants to. Help me find a lawyer to be willing to get paid upon trustee's removal. I'm desperate due to him making my life and childrens a hell. Hence ther's alot more to this situation which is all documented. Other lawyer who reviewed trust and will say theres definitly just cause for his removal, yet I still can't due anything until I find a litigating attorney who can work on a contingent basis. PLEASE HELP US.
1 Answer from Attorneys
Re: Trustee gone bad
Contact your local Lawyers Referral Program or the State Referral Program if you don't have a local one. If this doesn't work , then file a Complaint with the Probate Judge asking for the Judge to remove your brother for breach of Fiduciary Duty. Use you own language and ask the Judge to help you find an atty. that can put your request in proper legal language. Your brother will have to hire an atty. and may get some good legal advice. Be aware that his expenses/fees will be paid by your trust funds unless you can prove he didn't do his job right.
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