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
State/Country relating to question: Florida
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
Hello and thank you for the question. I am sorry to read of this dilemma.
A trust is normally not filed in court but if incorporated by will may be with county records
another option is to inquire with the trustee and the lawyer who drafted it or the law firm if lawyer not alive
A lawyer can also demand it from her by strongly worded letter
she can be taken to court to compel under oath to account for it
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?
A lawyer should send a letter first
then a motion can be filed to compel disclosure
the executor of the will is not necessarily also a trustee
the step mother unless you know someone else is trustee
it is the trustee who charged with following terms of the trust
similar to an executor to a will
My stepmother is 93 and somewhat senile. Who should the letter go to?
Sorry...guess we were writing at the same time.
to the trustee if known
if she has a guardian or POA
that person can be contacted
writing for information is different from suing
so a broader net can be sent
the idea being information gathering
THAT would be my step-brother...thank you!
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