Legal Question in Wills and Trusts in Florida

Can the provisions of a trust fund be altered or circumvented after the trustor dies?

My father died recently and I found out that he created a trust fund for me when I was a child. The trust requires my mother to disburse the funds to me. My father created this when I was a minor so this is understandable, but now I am an adult and my mother and I are estranged. She refuses to disburse the funds to me. There is no question that the funds are intended for me. Is there a way to circumvent the provisions since she refuses to disburse funds that were intended for me and not her?


Asked on 12/03/10, 11:06 pm

2 Answers from Attorneys
Marc J. Soss Marc J. Soss, Esquire

The simple answer is yes. Making it happen is the hard part, especially if you and the trustee are estranged. The terms of the trust instrument will also dictate the Trustee's responsibilities with regard to trust distributions to you. It is important that you engage the services of an experienced "estates and trusts" attorney to assist you with this matter.

Let me know if I can be of assistance.

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Answered on 12/09/10, 3:46 am
Richard Kaplan

Yes, but it's not easy. An Estate Planning Attorney is absolutely needed.

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Answered on 12/09/10, 4:11 am


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