Legal Question in Wills and Trusts in Florida

my aunt claims she has a new living trust signed by my dad 10 days prior to his death. I have her will and trust leaving me as her agent dated 2009. my aunt says there isn't any money and my dad had a lot of credit card debt but my dad's investment broker says there is although he can't say how much.

I have repeatedly asked for a copy of the new trust and they have not produced it.

How can I find how much money there is and if it's worth contesting. My dad died 10-14 days after signing this supposed new trust.

do they have to devulge this to be if i do not have an attorney as the previous agent on the trust?


Asked on 3/07/11, 9:44 am

2 Answers from Attorneys
Richard Kaplan

One way or another you probably will have to bring an action into court challenging the new Trust.

While execution of these documents so close to death does draw some interest, it is not pre se invalid. Part of will be the circumstances surrounding the execution, and the condition of your father.

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Answered on 3/07/11, 9:51 am
Lucreita Becude Lucreita D. Becude, P.A.

I suggest you file probate and request to be the personal representative. Since that is your aunt and not your mother - I doubt that she has any right to anything.

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Answered on 3/07/11, 10:04 am


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