ncjourneyman
Junior Member
What is the name of your state? Florida
Question:
1) Can and how may the testator of a Trust modify/change, within the
trust instrument, the provisions of the Florida Trust code in terms of
beneficiary rights to documentation/accounting?
2) Can right of documentation/accounting be misconstrued (via trust
provisions) as "Contesting the Trust"? Florida Trust code states
that provisions of disqualifying beneficiaries for "contesting the
Trust are uninforceable". Correct or not?
3) It appears that the attorney for the Trust, who is the attorney
for the Trustee, is incapable of providing beneficiaries the
compliance to the Florida Trust Codes by the Trustee. It
also appears that there is a "reluctance" to challenge "stayed/
reputable trust attorney by other local trust attorneys "doing
business" within the same 5th circuit court. Question:
How to proceed? Go after Trust attorney through Florida
Attorney General or after the Trustee via my Florida attorney
who seems all too casual in trying not to "offend" his "legal bretherin"?
4) QUOTE -"As a follow-up, maybe it would be better (at this point in
time) if you ask the trustee only for a copy of the original trust
documents. It might be a mistake to request an accounting at this
time, because it may make the trustee suspicious [DUH!] that you
will be overly scrutinizing the accounting to see if or where he may
have possibly made an error [DUH!] , and that would cause him to
further delay the processing of the trust by causing him to indefinitely
delay the issuing of your checks. [you can't be serious!]
You must generally give him the benefit of the doubt until you
discover any proof or evidence of anything improper."
[now there is a real oximoron!] Question: (a) Most if not all
"responsibilities" are considered irritants, "making an error" can also
be a euphamism for "fraud". How can Trustee's not be expected
to be held to the Trust Code(?) by the Courts and and the legal
profession, i.e. Fiduciary responsibilities! (b) Is the underlying
intent of Trusts to subplant beneficiaries by the trustee outside
the regulation of the Courts and if so, what would the testator
have in mind by even testating beneficiaries??
Still trying to "negotiate the maze" set up by the legal profession!
thanks for any interest!
ncjourneyman
Question:
1) Can and how may the testator of a Trust modify/change, within the
trust instrument, the provisions of the Florida Trust code in terms of
beneficiary rights to documentation/accounting?
2) Can right of documentation/accounting be misconstrued (via trust
provisions) as "Contesting the Trust"? Florida Trust code states
that provisions of disqualifying beneficiaries for "contesting the
Trust are uninforceable". Correct or not?
3) It appears that the attorney for the Trust, who is the attorney
for the Trustee, is incapable of providing beneficiaries the
compliance to the Florida Trust Codes by the Trustee. It
also appears that there is a "reluctance" to challenge "stayed/
reputable trust attorney by other local trust attorneys "doing
business" within the same 5th circuit court. Question:
How to proceed? Go after Trust attorney through Florida
Attorney General or after the Trustee via my Florida attorney
who seems all too casual in trying not to "offend" his "legal bretherin"?
4) QUOTE -"As a follow-up, maybe it would be better (at this point in
time) if you ask the trustee only for a copy of the original trust
documents. It might be a mistake to request an accounting at this
time, because it may make the trustee suspicious [DUH!] that you
will be overly scrutinizing the accounting to see if or where he may
have possibly made an error [DUH!] , and that would cause him to
further delay the processing of the trust by causing him to indefinitely
delay the issuing of your checks. [you can't be serious!]
You must generally give him the benefit of the doubt until you
discover any proof or evidence of anything improper."
[now there is a real oximoron!] Question: (a) Most if not all
"responsibilities" are considered irritants, "making an error" can also
be a euphamism for "fraud". How can Trustee's not be expected
to be held to the Trust Code(?) by the Courts and and the legal
profession, i.e. Fiduciary responsibilities! (b) Is the underlying
intent of Trusts to subplant beneficiaries by the trustee outside
the regulation of the Courts and if so, what would the testator
have in mind by even testating beneficiaries??
Still trying to "negotiate the maze" set up by the legal profession!
thanks for any interest!
ncjourneyman