Summary
Amys father passed away and left a trust with her brother as the trustee. The trust stipulates that the proceeds from the sale of their fathers house should be split equally among the siblings. However, Amys brother claims he used his own money to fix the house and intends to deduct this amount from Amys share. Amy has been unable to obtain a copy of the trust from her brother, the courts, or the retired lawyer who drafted it. She was advised to contact the Florida Bar Association for assistance in locating the trust documents and understanding her rights as a beneficiary.Full Conversation
I have a question. My father before he passed he made my brother trustee and to sell the house and splot the money * ways among us kids as beneficaries. Unfourtantly they have passed. My brother says he paid *,* out of hes own money into the home to fix it up to sell it. He says to me that the his own money he paid into the home for fixer uppers will b deducted out of my portion of the money he paid in. Is this legal.
Did your father's will or trust specify how expenses related to the property should be handled?
He will not give me a copy of the trust. But i heard my whole life it is supossed to b split * ways equally amongst us kids
What state are you in? Trust laws can vary by location. Generally, trustees are required to provide beneficiaries with a copy of the trust.
Florida
What steps have you taken so far to request a copy of the trust?
In Florida:
- Trustees are legally obligated to provide beneficiaries with a copy of the trust.
- Beneficiaries can contact Florida Probate Court for assistance.
My father made it to where the estate will not go into probate. Ive gone to the court housr many many times. They say its not public record. And the lawyer has retired. I spoke with him and he said he did not bring his paperwork with him. And the law firm that took over dont have the papers of the trust either.
Have you tried contacting the Florida Bar Association for assistance in locating the trust documents? They might be able to guide you.
No i dont believe i have. Idk honestly. Ive talked to so many people. What can they help me with
The Florida Bar Association can guide you on how to proceed when a trustee refuses to provide a copy of the trust. They can also help you find a lawyer if needed.
Is there one in each state or county
Yes, each state has its own Bar Association. In Florida, you can contact the Florida Bar Association at (*) *-* or visit their office at * E Jefferson St, Tallahassee, FL *.
Thank u so much.
You're welcome, ****. If you have any more questions or need further assistance, feel free to ask.