Legal Question in Wills and Trusts in Florida

My brother and I were both executors of my mom's will. Now she changed it (2006) and my brother is the personal rep. of will, and if he dies, my sister-in-law is. Also, my brother is trustee and my sister-in-law is co-successor trustee. Im hurt. Iv'e been there for my mom and lived in Fla, and my brother never did. I'm sure my brother had a hand in this. My question is why the word trustee and does this mean my mom set up a trust for me and my brother? We're in our 50"s. There's a mutual fund my brother controls of my moms for years. She never gets statements and he keeps me in the dark. My mom keeps telling me, everything is 50-50, but it looks like my brother is going to have all the power. My mom also owns a condo. What can I do. If I talk to my mom, what she'll I ask her to make me equal to my brother. My brother is not a trustworthy guy, and we don't speak to each other. Thanks


Asked on 8/06/10, 4:47 am

1 Answer from Attorneys

First you have to understand that under Florida law, a parent can disinherit a child. So whatever you do, be careful.

Second, if the word Trustee is used, then it implies a Trust was created, and it is your mother's sole right to choose who gets what, and who is in charge. Hurt or not hurt doesn't make a difference, so you will have to live with it. Who runs it is not necessarily a reward for doing good, its your mother's decision as to who is most capable to see to her objectives. She may have provided for income to a beneficiary for life, and not necessarily the principal. So be prepared to accept that. You are not entitled to a copy of the Trust until your interest vests, or your mother approves it.

Third, unless your brother has used some sort of "undue influence" over your mother, or your mother is of "diminished capacity" you pretty much have to live with what she does.

Fourth, the reason you and your brother are not co-trustees seems obvious. You don't get along, and it would be disasterous to make you co-trustees. So I'll bet your mother had to make a call that one or the other ran it, and your brother won. If the two of you got along, it probably would have been different.

Finally, when your interest in the Trust or Estate vests, after your mother's passing, you are entitled to accountings. Then if you don't like how he handled the accounts you may be able to do something. You may not find your brother trustworthy, but your mother (who calls the shots) does.

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Answered on 8/11/10, 5:17 am


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