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My father passed and my mother moved the trust to Illinois. How can I get trust moved back to Florida to avoid the estate taxes?

Plant City, FL |

Trust set up in Florida. My mother's mind is going and not making smart financial choices. She is getting the interest on the trust, once she passes trust goes to me. I want mom to be taken care of but I want to avoid the estate taxes and I don't believe she is looking out for the rest of the family. She has already let my grandson's education trust go and told me he won't need it.He is in the gifted program at school and is looking to go to college. (I am not sure what else she has done.) I want to honor my father's wishes and to protect my family. Please help. It's like she is trying to destroy it and use it up. I do know she isn't supposed to be able to change it since he died.

Attorney Answers 3

  1. Best answer

    Need more information-who is the trustee?
    If she is only getting income-the principle should be protected.
    The Trust has provisions regarding what state laws would prevail but it is also
    controlled by location of the trustee.
    i have an office in Lakeland and would be glad to review the trust at no charge.

    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.

  2. The first thing we need to figure out is - Who is the trustee? If your mother is the trustee she is only supposed to safeguard the assets for others: for the grantor (if living) and for the beneficiaries, who will receive them after the grantor dies. A trustee has certain responsibilities. For example: A trustee must follow the instructions in the trust document. Plus, she cannot use trust assets for her own benefit (unless the trust authorizes it). Please seek the help of a tax or estate attorney to determine what the trust documents allow.

    My comments are NOT LEGAL ADVICE. They are for informational purposes only. Actual legal advice can only be provided after you have signed an engagement letter. Answering this question does not create an attorney client relationship. Remember that without attorney client privilege you could possibly divulge information that can hurt your legal rights in the future. I am a tax attorney in Miami Florida. I can help you with your federal tax issues via a secure client portal if required.

  3. I agree with both Counsels. The first issue is who is the trustee? If its your mother, is she a beneficiary as well? If she is a beneficiary, what do the provisions of the Trust say with regards to her benefit? If it is income only, then as Counsel mentioned, principal should be protected. Provisions of trust are not always easy to comprehend so speak to Counsel with regards to reviewing the Trust. Good luck to you.

    DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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