Legal Question in Wills and Trusts in Florida
Help with understanding a trust
I am the beneficiary of a trust fund my father set up for me before he passed away (15 years ago). I have come of age, but the trustee refuses to give me any information. Also, she has been late numerous times sending the trust payments that were outlined in the will for me to recieve. All I have is a copy of the will, which doesn't say much about my trust except when and how much I am to recieve. The trustee also gets the remainder of the funds if I pass away. Is that a conflict of interest? And regarding her lateness is sending the funds, is that considered misappropriation of the trust? I'm very in the dark about all this, and really just want to be aware of my rights. Thank you for the help.
3 Answers from Attorneys
Re: Help with understanding a trust
The Trust Document will contain all the information as to administration and disbursements. If yu are unable to retrieve a copy, contact counsel to assist you.
Re: Help with understanding a trust
Suggest you obtain a copy of the trust agreement to read.
Re: Help with understanding a trust
The fact that the trustee receives the remainder of the trust is not in itself a conflict of interest. However, the trustee has fiduciaries duties towards you as the beneficiary and is obligated to act in your best interest.
If the trustee refuses to give you a copy of the trust documents or to disburse your money on time, you should contact a local attorney to help you protect your rights (and you do have many rights). He or she can file a petition to remove the trustee for instance; or, ask the judge for an injunction; etc. Good luck.
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