Legal Question in Wills and Trusts in Florida

My father died before I was born in a motorcycle accident in New York. I now live in Florida. The woman that hit him, her insurance company gave my father's parents money and they also sued her and put this money into a trust fund for me. Also in this trust fund was money from my grandfather's aunt and uncle from when they passed away that was from both mine and my father's share. I stopped speaking to my father's parents when I was 11 for personal reasons and when I was a junior in high school and starting to look at colleges my mom's dad had his attorney write my father's parents attorney to request some of the money for college but they took it away from me. Is there any way I could ever have a chance of seeing this money? I really don't care too much for my grandfather's aunt and uncle's money just the money from my father's death.

Asked on 4/04/13, 4:49 pm

1 Answer from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Assuming that the funds from your father's accident were placed into a standard trust

because you were a minor child entitled to the funds, you have a legal right to those funds.

Perhaps, his father was designated trustee of the funds who is responsible for

administering the trust funds. When you state "but they took it away from me" it is not

clear whether the funds are still in the trust or they withdrew the funds and withheld the

funds from you. Yes, you would have a legal right to such funds. Of course, it is

necessary to take legal action against the trustee because it was his fiduciary

responsibility to give you the funds. You are advised to gather whatever documents

and information are available for review by an attorney; perhaps the attorney who

wrote to your father's parents attorney can assist you. If your father's father is no

longer living, it will complicate the matter.

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Answered on 4/04/13, 5:15 pm

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