Naples, FL asked in Estate Planning, Elder Law and Social Security for Florida

Q: My son’s grandmother through a codicil in her will, set up a Trust for him in January 2000. To date he has seen no $.

The executrix, his adult cousins, have repeatedly refused reasonable requests for access to those funds (for legitimate expenses) since 2014. During that year his father passed and he needed living expenses and medical services. In 2020 to present they have repeatedly refused to relinquish any monies even though he became unemployed and can only rely on his SSDI check. Since 2000 we have had no statements from the trust nor statement of original terms of trust. What can we do to access this money? My son is a disabled adult, age 45 and will need future funds when I can no longer provide for him.

1 Lawyer Answer
James W. Martin
James W. Martin PRO label
Answered
  • Estate Planning Lawyer
  • Pinellas County, FL
  • Licensed in Florida

A: Florida Statutes Section 736.0813 sets forth some of the information that beneficiaries of Florida trusts are entitled to receive. You can read it here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0813.html . In any event, a Florida attorney who handles trust cases should be engaged for your son to provide legal advice, including the possibility of making a demand for this information, as a first step.

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