Q: Trust Litigation
My father passed away, he had both a trust and a will. My uncle is trustee and refuses to send me an accounting of the trust assets. I believe my ex-husband received my inheritance from my grandparents and I'm certain my father's estate has been handed out to whomever. I don't have much money and the anniversary of my father's death is coming up. My mother hasn't filed the will or death certificate with the clerk here in Volusia County Florida. I'm pretty certain his estate is likely under a different social security and name in a different location. Is there something I can file with the court to buy me some time?
A: You will want to request a copy of the Will and Trust and an inventory and an accounting, the Trustee or Personal Representative of the estate should and or must provide these documents in a timely manner. If already filed you can secure Will and related documents from the clerk of court in county where deceased lived. You can and should also consider filing a caveat. A potential beneficiary or creditor may file a caveat. While a creditor must wait until after someone passes away, a potential beneficiary may file a caveat prior to the death of an individual. For guidance on filing a caveat see Fla. Stat. 731.110 and Fla. Prob. R. 5.260. You can look up both of these references for more specific details and explanations online. You likely will want and should likely get your own probate/trust attorney for guidance and ongoing help and more specific feedback.
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