What are a beneficiaries rights regarding a Trust?

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What are a beneficiaries rights regarding a Trust?

My husband’s father died about 1 1/2 years ago. He was told there was no Trust or Will and that his father had left his home to one of the grandchildren. Then last month,he was informed by his sister that there is a Trust and that he is a beneficiary. His brother who is the trustee refuses to send a copy of the Trust document. His sister informed him that he has right to the home and that the grandchild is only living there, not the owner.

Asked on October 27, 2012 under Estate Planning, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Florida has a type of suit called "breach of trust" wherein you can sue a trustee for not complying with their duties.  In the same suit, you can request that his brother be removed as trustee for his prior failures as trustee.  If you can afford an attorney, you would need what is referred to as a probate, or wills and trust, attorney.  You can certainly file the suit on your own, but considering the issues you have discussed above, it would be better if you sought assistance.  An attorney can help you with getting the trustee served and forcing him to produce an accounting of the estate.  It's important that your husband do something in the near future-- since your husband is aware that there is an issue, he could run into statute of limitations problems if he does not continue moving forward with his cause of action.


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