My mother died 8 years ago leaving a living trust with my sister as trustee. My sister has refused to settle the trust despite the wording of the trust "to be settled immediately upon my death" she also refuses to answer my questions regarding the finances of the trust such has what the houses are renting for, balance of trust account etc. I have no money to defend myself and I need someone who will work with me. My phone number is 813 481 2768
Attorneys here are not going to contact you per the rules of professional conduct. You should reach out to some attorneys to discuss.
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.
Where does your sister live, what state is the trust governed under? If the answer to either of these is not Florida, you may need to contact a lawyer in the state where the trust terms specify.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
We are not allowed to bid for your work as my colleague has mentioned. Plus it violates the terms of our agreement with AVVO. We can answer your question in general terms; 1) you can seek to have your sister removed as trustee, and 2) demand a full accounting of what has occurred with the trust since your mother's death. It sounds as if she is violating the trust instrument unless it gave her "discretion" as to the properties. If so, she may have done you a favor by holding onto them. Eight years ago, we were smack dab in the middle of a housing meltdown such that even if the properties COULD be sold, they would fetch far less than they will now. Still, she should be more forthcoming as to her motives and reasons and certainly owes you an annual accounting.
Practicing in South Carolina and Florida, in the area of Estate Planning and Elder Law, with a particular focus on Special Needs Planning for the care of disabled children and adults.
Presuming that your mother's trust is being administered in Florida, the trustee has a duty to account for the assets and liabilities of the trust at least annually. In addition, trustees should provide, upon reasonable request, information concerning the particulars of the trust administration. An experienced attorney should be able to assist you in demanding the information, and advising you as to whether the trustees acts support a cause of action for removal and for distribution, presuming the trust requires that distributions be made to you.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline