Miami, FL asked in Contracts, Civil Rights, Landlord - Tenant and Probate for Florida

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?

1 Lawyer Answer

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

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