Legal Question in Wills and Trusts in Florida

My father signed a settlement agreement with me that upon his death, the dining room set owned by my mother would be returned to me. I live up to my obligations of the settlement agreement. Three weeks later, he created a revocable trust leaving everything to his girlfriend. I am suing the girlfriend for the furniture. Did my father have the right to give away the furniture to someone else even though his settlement agreement with me was created first.

I need to know where to find legal information to bring to court. Also, can I enforse the contract on his girlfriend or collect monitory compensation from her for breach of contract.

I am sure she was aware of the terms of the settlement.


Asked on 12/10/10, 5:42 am

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

IF you have a contract that gives you the furniture then yes, take her to court - either she gives you the set or pays for the value.

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Answered on 12/15/10, 8:01 am
Richard Kaplan

There are provisions in statute concerning contracting for a Will, etc. It may fall under that. Otherwise, there may be creditor or contractual obligations that may give you legal rights in court. It would be necessary to review the settlement agreement by a lawyer to advise further.

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Answered on 12/15/10, 8:08 am


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