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How Do I Get A Copy of the Trust? a look at Florida trust beneficiary rights

Uncategorized Oct 8, 2014
post about How Do I Get A Copy of the Trust? a look at Florida trust beneficiary rights

If you are complaining that there is a Family Trust out there, or a trust just for your benefit…..problem is….. you are not being told anything…..How do  you get a copy of the Florida trust?
Beneficiary Rights to Florida Trusts

  • The good news is that Florida has a lot of rights for trust beneficiaries
  • To read more, see the Florida Trust Code or Chapter 736 of the Florida Statutes
  • Now before you go off and sue a trustee after hiring a trust litigator Palm Beach, consider this

Will Your Trustee Communicate with You?

  • Have you asked for a copy of the trust? Asked the trustee, that is?
  • Do you even know, exactly or specifically, who the trustee is?
  • Try asking for a copy of the trust and all “relevant” information, in writing.
  • That’s what trust lawyers Florida call making a “demand”
  • If the trustee does not provide it, and Florida law applies, the trustee is in trouble.
  • Failure by a Florida trustee to provide information to you about the trust is “actionable”… it can be a breach of fiduciary duty, leading to a breach of trust lawsuit

Trust Example

  • Let’s say that your mother just passed and that she lived in Boca Raton, Florida
  • She had a probate lawyer Palm Beach located in Delray Beach, Florida who drafted, or wrote, a living revocable trust for mom
  • Now that mom is dead, the trust is irrevocable
  • The trust terms provide for money to go to your sister during her life and then you get half in 20 years
  • You are a “qualified beneficiary” under Florida trust law and are entitled to a copy of the trust
  • If your trustee won’t  give a copy of the Florida trust to you, hire a trust lawyer who actually tries trust lawsuits in Palm Beach
  • Prepare a trust complaint for breach of fiducary duty and file it
  • Trustees can’t “hide the ball” from a Florida trust beneficiary and Florida Trustees can’t operate the trust in secret

Question:  Want to see a free online video on this topic and Florida trusts?

Answer:  http://www.youtube.com/watch?v=GvhEyz7sJ4s&feature=youtu.be