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Sister says trust money all gone

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J

jchastai

Guest
My sister is trustee of mothers Florida estate. She took mother into her home to care for the last 2-3 years of her life. Mother died in July 2000. Eight months prior to mothers dead my sister sold all of mothers property (house and land) totaling over $150,000. Sister did not notify any of the beneficiaries (myself and my brother) of anything.
We recently sent a letter of demand. Her husband hand wrote on a piece of paper that it cost over $18,000 a year to care for mother since 1993 and says all the trust money is gone. We don't mind paying her somethng for taking care of mother but she is taking it all.

How do we get our share?
 
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I AM ALWAYS LIABLE

Senior Member
jchastai said:
My sister is trustee of mothers Florida estate. She took mother into her home to care for the last 2-3 years of her life. Mother died in July 2000. Eight months prior to mothers dead my sister sold all of mothers property (house and land) totaling over $150,000. Sister did not notify any of the beneficiaries (myself and my brother) of anything.
We recently sent a letter of demand. Her husband hand wrote on a piece of paper that it cost over $18,000 a year to care for mother since 1993 and says all the trust money is gone. We don't mind paying her somethng for taking care of mother but she is taking it all.

How do we get our share?

My response:

What makes you think there's any money left over? It appears that your mother had 9 years of food, shelter, and other necessities of life. Somebody had to pay for that. You didn't think that Mom was living for free, or on air, did you?

I did the math with the figures you posted and, it would further appear, that in fact, there is a deficit owed to your sister - - when you multiply 9 times 18,000.

Mom may have only lived with your sister for "2 to 3 years" prior to her death, but while she wasn't living with your sister, Mom needed money to survive, and it was your sister that took care of your mother for all of those last 9 years.

Be grateful that there was someone there for your Mom.

IAAL
 
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Dandy Don

Senior Member
Were they getting financial assistance from Medicare to help take care of her?

You have a right to request a copy of the trust by sending a certified letter to the trustee. If you or other relatives are named as beneficiaries of the trust, then you need to be able to find out if you will be receiving anything from the trust.

You have not mentioned whether or not there was a will. Check at the county courthouse to see if a will has been filed--if it has, you can get a copy.

As trustee and/or whoever the executor of the estate is, the trustee and the executor still need to provide some type of financial disclosure about the estate and the trust and just are not allowed to keep everything secret.

Even if she says that "all the trust money is gone", she needs to prove it by providing you all with accounting statements, as the trust instructions specify must be done. Even if the money is gone, you will probably want to consult with a trust attorney to find out for sure if her actions (in spending all of the money) were proper and if she had the authority to do so, as it is possible that this might be a violation of the trust.

DANDY DON
 
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