Q: This is in regard to an Irrevocable Trust and my rights as a tenant at Trust held property in Florida.
I was caregiver for my Dad. He passed. Friend of family is Exec Trustee for the Trust my father had his estate pass into. I had a written agreement with my father to remain at his property in Florida for as long as I need. 40% of the property is mine according to Trust Dox, 40% my step brothers, 20% charity. Before my Dad had been embalmed, ET tricked me into leaving home and then changed locks, cut me off from my mail and had me barred from access to neighborhood. I was in good standing with Club/Neighborhood and only issue was an Ex of mine had to be removed by the Police. I have copy of Trust. Is it legal for him to kick me out with no warning, clothes on my back, pet left behind and no access to my agreement, etc…without some sort of Due Process? I get it if he has to inventory the Estate, its not like I am going to take anything thats 40% mine and do what? Do I have recourse over a without warning eviction?
A:
Let me preface my remarks by saying what you have described is outside my area of practice.
However, I believe you should act quickly to hire a lawyer who handles probate litigation in your area. Make sure he/she doesn't have any conflict of interest with the Executive Trustee. The probate litigation attorney may be able to file an emergency motion with the Probate Court to get you access to the property, etc.
1 user found this answer helpful
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.
