Legal Question in Wills and Trusts in Florida
Grandfather's Trust for grandson in jeopardy (illegal?)
Florida and California. My 22 year old son's paternal grandfather died in 1999. The Will included a Trust. The legal rep. was to be his grandmother, or the bank, if she were unable. The Trust was to remain in Florida. The grandmother had Alzheimer's. The bank took on as legal rep. My son's father died 11/03/02 of brain cancer. He had three siblings in Ca. They moved the grandmother to Ca. in an assisted living facility in 2000. My son has not been allowed to speak to his grandmother since. The siblings state that she is too frail,the facility requests a ''Password.'' The siblings were always very jealous of my son. I do not trust that he will receive his inheritence. I state this as I have found out that in January, 2002, the bank discharged themselves as the grandfather's rep. How can they do this, when the will specifies that they continue to administer the will and Trust? I am concerned that the siblings now control the funds (in the millions).Can I write the probate court and ask that they look into this and get the bank bank as legal representative? How about the siblings and nursing home not allowing my son to see his grandmother? My son is a college student with minimal $$.
2 Answers from Attorneys
Re: Grandfather's Trust for grandson in jeopardy (illegal?)
To be discharged, the Trustee must have filed an accounting with the Surrogate or Probate Court. Your son should have been notified and provided a copy of the accounting. I would recommend checking with both the Probate Court and the Bank - get a copy of the accounting and verify where the funds are today. I also suggest retaining a good estate attorney to assist you, since it appears the notices were not sent, nor were you provided with a copy of the accounting. You do not say how old the child is. If a minor, as Guardian you have the right to act on his behalf. What language was in the Will creating the trust and were periodic accountings required? I need more information to properly respond to your question.
Re: Grandfather's Trust for grandson in jeopardy (illegal?)
A trustee can refuse to continue as trustee. One of your son's uncles/aunts may have been appointed by the court as successor trustee. If your son is a beneficiary of the trust and he suspects wrongdoing, he can petition the court to look into the matter. One of the uncles has probably been appointed as guardian of the grandmother. Check with an attorney in California to see whether your son can get an order from the court forcing the facility to let him in to see his grandmother.
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