Legal Question in Wills and Trusts in Florida

My mother was diagnosed with Stage 4 Lung Cancer in late August 2008. October 2008 she drew up her last will and testament and a revocable living trust agreement leaving everything to my sister (52 years olld), my brother (43 years old) and myself (55 years old). My mother named her boyfriend of 2 years as her executor of her estate and the trustee of the trust, which was valued at approximately $220,000 when she passed away. The trust is to be distributed to us over a 5 year period.

My mother said she wanted her boyfriend to handle it because he said he wouldn't charge us for taking of it and she didn't want us to have to pay a lawyer to handle it since it isn't a large inheritance for the 3 of us.

I offered to help her boyfriend take care of her estate (bills, death notification, etc.) but he declined and a few months later informed me that he had hired the lawyer that drew up her papers for her and that the lawyer would be getting a percentage of both the estate and then the trust. He also informed me that he, too, would be charging us a fee for handling my mothers affairs.

I believe my mother was NOT of sound mind when she drew up her papers in October, as she was already receiving aggressive chemotherapy and wanted to know if there is anything my siblings and I can do to gain control of inheritance and not have to answer to some stranger who doesn't even like us (he has told me on more than one occasion that he didn't like my brother and that my sister is a b--ch. I can only wonder what he thinks of me!).

I am the only one who deals with him regarding our inheritance in light of his feelings towards my siblings. Both my brother and sister have said they would have no problem with me handling our trust.

So the question is: is there anyway we can have the trust for terminated and get our inheritance now without the additional cost of hiring another lawyer, and if so how would we go about it (i.e., get the proper documentation, find out where and what to file and in what time frame, etc.)?

And if it is NOT possible to have the trust terminated and equally distributed to us individually now, is there any way we can have the trustee removed and have one or all of us, jointly, take his place so that we don't have to deal with anyone else concerning our inheritance. If so, how would we go about it (i.e., get the proper documentation, find out where and what to file and in what time frame, etc.)?

My mother lived in West Palm Beach County, Florida, as do my sister and brother. I live on Long Island in NY. I don't know if that makes any difference but thought it might.

Thank you for time and consideration in this matter.


Asked on 10/14/09, 10:09 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

It would be very expensive and time consuming to try to contest the will and trust. Based on your information, you have little chance of success.

Read more
Answered on 10/14/09, 11:09 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida