Probate in Florida

[msjacks]

I am in Missouri and my brother, the only other person named in a Family Trust that our parents created in 2006 or 07 filed a case in probate in Hillsbough County with an attorney down there after out Mother passed away.
.
Is that attorney responsible, and/or does he have any laws that require him to not file a outdated will (dated 1994) from our Mother AND the Family Trust?

He filed both of those documents without properly informing me that I was named the successor in The Family Trust.

The paperwork for the trust was found by my brother approx 2 years before our Mother passed away. We had been looking for it since 2011 when our father passed away in 2011. I had taken care of our Mom for appr 3 years in my home as well the condo in Arkansas and unfortuately it was under their bed. One of the two places I hadn't searched. The attic was the other.

The condo was removed from the trust by him and sold. He told me, "I'm sorry Jack I sold it." when I asked if I could stay there after he moved Mom down to Florida. In addition it was a memory care facility since she was unable to care fully for herself. He also transfered bank accounts to another bank and closed out CD's, etc.

Surey there is more. I just would think not only my brother shoud be held accountable but that attorney and I would think has some standards to uphold in a case like this.

 

[quincy]

I am in Missouri and my brother, the only other person named in a Family Trust that our parents created in 2006 or 07 filed a case in probate in Hillsbough County with an attorney down there after out Mother passed away.
.
Is that attorney responsible, and/or does he have any laws that require him to not file a outdated will (dated 1994) from our Mother AND the Family Trust?

He filed both of those documents without properly informing me that I was named the successor in The Family Trust.

The paperwork for the trust was found by my brother approx 2 years before our Mother passed away. We had been looking for it since 2011 when our father passed away in 2011. I had taken care of our Mom for appr 3 years in my home as well the condo in Arkansas and unfortuately it was under their bed. One of the two places I hadn't searched. The attic was the other.

The condo was removed from the trust by him and sold. He told me, "I'm sorry Jack I sold it." when I asked if I could stay there after he moved Mom down to Florida. In addition it was a memory care facility since she was unable to care fully for herself. He also transfered bank accounts to another bank and closed out CD's, etc.

Surey there is more. I just would think not only my brother shoud be held accountable but that attorney and I would think has some standards to uphold in a case like this.

You will want all facts personally reviewed by an attorney in your area. It is hard to say from the information you provided whether your brother or the attorney he hired acted improperly.

 

[zddoodah]

I am in Missouri and my brother, the only other person named in a Family Trust that our parents created in 2006 or 07 filed a case in probate in Hillsbough County with an attorney down there after out Mother passed away.

This is a rather garbled sentence, and it looks like two sentences got smushed together with some words removed. Here's what I can cull from this:

• In 2006 or 2007, your parents created a trust.
• The trust mentions you and your brother. It's not clear in what capacity you are mentioned, but I'll assume that the two of you are beneficiaries.
• Your mother died at some point, add you later told us that your father died in 2011.
• Your parents apparently lived in Hillsborough County, Florida.
• Someone (who?) filed to probate your mother's estate.

Is that attorney responsible, and/or does he have any laws that require him to not file a outdated will (dated 1994) from our Mother AND the Family Trust?

The end of this sentence doesn't make grammatical sense. Also, it's not clear why you believe the premise of this question to be true. Stated differently, why do you believe your mother's will from 1994 is "outdated"? Did she make a later will? If you think it is "outdated" because of the creation of the trust in 2006/7, that's not the case.

He filed both of those documents without properly informing me that I was named the successor in The Family Trust.

The successor to what?

The rest of your post is equally as messy. It sounds like your brother may have taken action as a trustee of the trust, but it's really not clear. Unless you can clarify the relevant facts, all I can suggest is that you take all the papers to a local attorney for review and advice. One issue you may have is that some of the things mentioned appear to have happened several years ago, so you may have a problem with the statute of limitations.

 

[quincy]

If the mom was moved to a memory care facility, it would not be unreasonable to assume that brother needed to liquidate mom’s assets to pay for the care at the facility.

I doubt after this amount of time that it is possible to recover any money or assets but an attorney’s personal review should be able to determine that better.