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Personal Representative confused

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LABH

Junior Member
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.
 


BlondiePB

Senior Member
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.
What did YOUR probate attorney say about all this?
 

LABH

Junior Member
I received a letter from his office stating that they have sent me everything from his file and that there were no codicils or amendments done from this office. Certainly a different story than I had heard before. I still want my brother's complete file because I do not believe this attorney. Will I need to go through the courts to get this?
 

LABH

Junior Member
There are only a few accounts, some shares of stock and a Harley mororcycle in the probate, as far as I know. I was told by MY attorney (not sure WHO he is working for) that as PR since I did not take the motorcycle into my possession it automatically goes to the beneficiary and does not need to be probated. I did not actually assume the role of PR until 7 months after my brother's death, due to their lawyer not checking thoroughly and making sure the ex could serve, and she could not.I was then contacted about serving as PR and when I agreed I began to get phone calls asking me to decline, hate letters from the daughter and son in law, calls from their attorney asking me to decline, which made me wonder even more why did they want me to decline. Well, of course, if there is an amendment to the trust (which I was told there was) but now am told there is not, it is understandable why they wanted me to decline. Also, my brother's car was sold very soon after his death, which also should be probated. How did they sell it? If there was no PR...who signed?
 

anteater

Senior Member
Just out of curiosity, since this is too confusing for me, if you are the PR of the probate estate, why are you "...going to have to sign off on a Trust Tax return"?
 

LABH

Junior Member
Yes, why am I signing off on a Trust Tax Return? I understand that a Trust Tax Return is very complicated to do and perhaps he doesn't know how to do it correctly. That will not be my problem....unless of course I find out that I am the Trustee...but until then...
 

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