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Trust Viewing

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Zachary

Junior Member
What is the name of your state? Florida

My brother, father and I were in business together and just prior to my father's death earlier this year, we had a family dispute and I've come to learn I was disinherited and my brother was made Trustee of his estate. Although my brother and I have had a difficult time resolving the "personal" mess left by our father, my brother claims he will "do right" by me in regards to the estate, but he is not sharing any info with me. I have since learned that my father made my son (his grandson) a beneficiary, but my son has heard nothing from my brother as the Trustee. How long does a Trustee have to notify beneficiaries and is my son not allowed to ask for a copy of the Trust, and an accounting of the assets so we can see what is happening? Should my son request it before or after receiving notice from the Trustee and how long does the Trustee have to respond?
 


ALawyer

Senior Member
One of the problems with Trusts is that if the trustee is not honest, or even if honest is angry, the trustee can keep lots hidden. A court can compel disclosure.
 

Dandy Don

Senior Member
What month and day did the death occur? According to Florida trust law, the trustee is supposed to inform the beneficiaries (within 30 days of the trustee's accepting the responsibility of managing the trust) of the trustee's address.

Beneficiary (your son) does have the right to request at any time by certified mail a copy of the original trust and an accounting/financial statement. If I were your son, I would not wait but would go ahead and request it now.

You must give your brother the benefit of the doubt--it's a big job to handle the trust (managing the assets) and making sure everything is done according to the specific instructions of the trust and it might take a few weeks or a few months for everything to be sorted out.

For your own information, you can look at Florida Trust Law online at the website "www.leg.state.fl.us/statutes/index.cfm", Section XLII Estates and Trusts, Chapter 737 Trust Administration. Most of the language is understandable, but due to the sometimes complex legal language used, you need to consult with a probate or trust attorney to get a proper interpretation or meaning of the law.

Is your son an adult or a minor? Depending on his age, you may want to try to find out if a minor would be allowed to accept a large amount of money--if he is a minor perhaps he would need guidance from an adult or certified financial planner how to invest or save or put this money in trust so it could increase in value when he becomes an adult.

DANDY DON ([email protected])
 

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