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I had a trust set up by my father, Dr.S. Raymond Cafaro. He

 
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I had a trust set up by my father, Dr.S. Raymond Cafaro. He passed away in 1992. I believe my step-mother destroyed it. Anyway to find it in the records? We were from St.Augustine, FL

 

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State/Country relating to question: Florida

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Contacting Law Firm in St.Augustine with no luck. I know Upchurch is the Firm my Dad used. The lawyer he used (Frank Upchurch) is also deceased. All I found out was my step-mot her has left me 25% of SOMETHING in her "will." When my dad died, she said to me "Now I have it ALL!" Apparently she does! She is 93 and lives at the World of Golf Nursing Complex

Submitted: 355 days and 16 hours ago.
Category: Estate Law
Value: $25
Status: CLOSED

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Expert:  INFOLAWYER replied 355 days and 16 hours ago.


INFOLAWYER :

Hello and thank you for the question. I am sorry to read of this dilemma.

INFOLAWYER :

A trust is normally not filed in court but if incorporated by will may be with county records

INFOLAWYER :

another option is to inquire with the trustee and the lawyer who drafted it or the law firm if lawyer not alive

INFOLAWYER :

A lawyer can also demand it from her by strongly worded letter

INFOLAWYER :

she can be taken to court to compel under oath to account for it

Customer :

I tried to go through the lawfirm, but was only told no one there knows of a trust and informed me about the 25% of something I get in her will. I'm sure she and her son have been living on what Dad left me. I have no idea who the trustee may be...Hopefully my father didn't trust my step-mother or her son with that job. It has also been mentioned that the trust may have been set up thru a law firm in Arizona...as my Dad did have business there once in awhile and really liked it there. I do know my step-brother is her executor. Can HE be taken to court?

INFOLAWYER :

A lawyer should send a letter first

INFOLAWYER :

then a motion can be filed to compel disclosure

Customer :

To whom?

INFOLAWYER :

the executor of the will is not necessarily also a trustee

INFOLAWYER :

the step mother unless you know someone else is trustee

INFOLAWYER :

it is the trustee who charged with following terms of the trust

INFOLAWYER :

similar to an executor to a will

Customer :

My stepmother is 93 and somewhat senile. Who should the letter go to?

Customer :

Sorry...guess we were writing at the same time.

INFOLAWYER :

See above

INFOLAWYER :

to the trustee if known

INFOLAWYER :

if she has a guardian or POA

INFOLAWYER :

that person can be contacted

INFOLAWYER :

writing for information is different from suing

INFOLAWYER :

so a broader net can be sent

INFOLAWYER :

the idea being information gathering

Customer :

THAT would be my step-brother...thank you!

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 95.9 %
Accepts: 3490
Answered: 5/7/2012

Experience: Licensed attorney helping individuals and businesses

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