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I need help, how do I find out what is in a revokable trust to see if it can help my mom??

Orlando, FL |

My parents had a trust made in 2008, at that time my dad was showing signs of dementia and my mom had a brain anurysm which she was unable to read. My step dads daughter set the whole thing up and had my parentes sign all power of atty over to her, my mom had no clue what she signed real quick after my dad was diagnosed with alzheimers and his daughter and her power of atty started to liquidate everything they own cars, apliances, she took the whole marital check book and took my dad to Texas and fought and won guardianship. he is still married to my mom and was in the navy for 35 years. they both contributed to thier retirement. my mom has not recieved a penny since 2009 when my dad left. is there a way to figure out what might be in this trust to see if it can help her she is desperate.

Attorney Answers 4


  1. Yes, you need to hire an attorney to contact the trustee and start asking questions. Either the trustee will comply voluntarily or they will not. If they will not comply on their own, you will need to go to court to compel an accounting of the trust (and perhaps agent of the POA) and perhaps ask for the trustee to be removed.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  2. You need to hire an attorney experienced in estate planning, trust administration and possibly guardianship law. Do you have a copy of the trust? If not, do you know the attorney who prepared it? Is your mom competent?
    This is not something that I would recommend you do pro se. It is better to have an attorney involved that knows the law and how it needs to be applied to this particular situation.


  3. Hire a competent trusts litigation attorney - IMMEDIATELY. There is nothing that an on-line forum can do to help you with a matter this serious!

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.


  4. You need a probate/trust litigation attorney immediately.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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