What is the name of your state (only U.S. law)? FL
In checking the county documents I found a warranty deed to my brother's house with my name listed as successor trustee. His ex-wife has been the trusstee and is at the presesnt time the trustee. I contacted my brother's attorney (who had drawn up the documents) and he stated that I was the trustee, my brother had amended it. Also asked if I had signed anything over to anyone else, if their attorney was working with her as trustee, was very concerned about the attorney they were using, the percentage he would be getting, how I need to know what has been done with the money, etc. Time passes and I never get an amendment, he doesn't make contact until I start asking about the trust and how I want to know what is going on with the trust because I am going to have to sign off on a Trust Tax return. When I contacted his office the assistant was looking through the files and states that it says I am the trustee and then exclaims how complicated this is and puts me on hold...he then comes on the phone with a totally different demeanor than I had experienced in my first contact with him. He is telling me that I have nothing to do with the trust, it is not my responsibility, he realizes that I want to follow my brother's wishes but I have no control, etc, etc, so I mentioned he fact that he had told me I was the trustee because my brother had amended the trust and he then says it was if he was sick that I would take over as trustee. I was already the power of attorney over his will so I really don't feel that he would have needed an amendment saying this. I have asked for my brother's complete file to include all amendments and codicils, in order to see for myself exactly what was there. Does the attorney have to send them to me? I am the Personal Representative of my brother's estate. It appears to me that this attorney is now wrking with their attorney due to the fact that this is an estate worth millions.
In checking the county documents I found a warranty deed to my brother's house with my name listed as successor trustee. His ex-wife has been the trusstee and is at the presesnt time the trustee. I contacted my brother's attorney (who had drawn up the documents) and he stated that I was the trustee, my brother had amended it. Also asked if I had signed anything over to anyone else, if their attorney was working with her as trustee, was very concerned about the attorney they were using, the percentage he would be getting, how I need to know what has been done with the money, etc. Time passes and I never get an amendment, he doesn't make contact until I start asking about the trust and how I want to know what is going on with the trust because I am going to have to sign off on a Trust Tax return. When I contacted his office the assistant was looking through the files and states that it says I am the trustee and then exclaims how complicated this is and puts me on hold...he then comes on the phone with a totally different demeanor than I had experienced in my first contact with him. He is telling me that I have nothing to do with the trust, it is not my responsibility, he realizes that I want to follow my brother's wishes but I have no control, etc, etc, so I mentioned he fact that he had told me I was the trustee because my brother had amended the trust and he then says it was if he was sick that I would take over as trustee. I was already the power of attorney over his will so I really don't feel that he would have needed an amendment saying this. I have asked for my brother's complete file to include all amendments and codicils, in order to see for myself exactly what was there. Does the attorney have to send them to me? I am the Personal Representative of my brother's estate. It appears to me that this attorney is now wrking with their attorney due to the fact that this is an estate worth millions.