My mother established a trust for which I was the executor. I developed heart failure and she told me that due to my health issues she replaced me with my brother, Fred, as executor. He also lived in the same town, Ocala, FL, as my mother. Prior to my illness, my brother Fred, was not trusted by my mother or involved in any of her financial or estate affairs.
My mother passed in April 2015. Her house was recently sold and my second brother, Matt, called me to tell me Fred said I was not a beneficiary of the trust. I wish to challenge the trust on grouinds of undue influence and potential mismanagement of the trust by the executor.
You need to meet with an attorney who practice probate litigation. This is not an action that can be handled pro-se competently.
This is generic information regarding the law and should not be interpreted as legal advice. You should contact an attorney to receive legal counseling regarding your case.
I agree with the above answer. You are dealing with a trust/trustee and a will/executor. I would say if you do this pro se there is very little chance of success.
This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only.
If your brother, Fred, is not to be trusted, maybe you need to see the trust document(s) for yourself to see if, in fact, you were cut out of your mother's trust estate. The first step here would be to see if you can get a copy of the trust, have an attorney review it, and see if you are a beneficiary or not. Just because you were at one point named the personal representative doesn't necessarily mean you were a beneficiary of your mother's trust estate. Should the trust reveal that you were a beneficiary and, at the last minute, your mother amended her trust and cut you out, maybe there is something there. Even then though, it is very difficult to prove undue influence and/or some sort of breach of fiduciary duties. You will definitely need an attorney for all of this. I wish you the best of luck.
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