Legal Question in Wills and Trusts in Florida

My brother who coerced my mother several years ago into signing documents appointing him as trustee of her property and all areas of her life wants to gain possession of her condo while my mother is still alive. I ha b e been living in her home along with my husband serving as her caregiver all these yeats. He placed my mother in a nursing home without my knowledge of where he had placed her. My mother was in a rehab following a stroke and he seized her from the facility threatening the place with his POA and denied me access by not allowing anyone to inform me. He is making false allegations against me. He is harrassing my husband and me. To vacate premises. Had his attorney send us a 3 day notice to vacate. Do I need to respond to 3 day notice and advise that we are not moving out? This was not the agreement set up when my husband an I relocated and came to miami to take care of her. He has turned off our utilities in the past and has utampered with a/c unit. I also have evidence that he may be exploiting my mother . Help. Dont know where to turn!! Dont know who can help us. We donot have deep pockets to properly fight all these iissues. Would appreciate anything you can do. Thank you very much.

Asked on 5/09/13, 10:43 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

HIre an attorney. You really need one. As fiduciary, he cannot transfer the property to himself. He can take control of it though. You say he is changing the deal about how you were to stay in the property, you will need proof of what the actual deal is. You should respond to the three day notice advising what the terms of the agreement are and under what agreement you are entitled to remain in possession of the property.

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Answered on 5/09/13, 11:10 am

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