Valrico, FL asked in Civil Litigation and Estate Planning for Florida

Q: My stepbrother has control of my mother’s estate,there is an unsigned updated trust before death,options?

The updated trust disappeared after her death and cannot locate notary, attorney completed trust and submitted it to my mother to sign but her death came too soon,stepbrother has vindictively treated me and my sister/ her natural children by eviction and sell of all family assets and eirloom property, can he be stopped? My mother tried to protect us from this in the updated trust,I have all emails between my mother and her attorney stating that she intended to sign updated trust and paid the attorney for his work 2 months before her sudden death, what can be done to stop my stepbrother, there is much that my stepbrother has done like refusing to give me and my sister my mothers ashes and refusing to work with us

1 Lawyer Answer
Griffin Klema
Griffin Klema
Answered
  • Tampa, FL
  • Licensed in Florida

A: You're in a difficult position. Florida law on probate and estates includes strict requirements for enforcement of testamentary documents, like wills and trusts. If the updated trust was not executed by your mother, then you're probably fighting an uphill battle. I suggest you find a lawyer who specializes in trust litigation to evaluate what options you may have. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.